La revictimización de las víctimas de delitos sexuales como una vulneración a los derechos constitucionales de dignidad humana y tutela judicial efectiva

Abstract

Abstract: This research analyzes the revictimization of sexual crime victims within the Ecuadorian criminal justice process and its potential impact on constitutional rights regarding human dignity, due process, and effective judicial protection. It is premised on the view that, in a constitutional state based on rights and justice, the victim should not be treated merely as a source of evidence, but as a rights-bearing subject requiring protection throughout the judicial process. The study employed a qualitative, doctrinal-legal approach based on a review of national legislation, specialized legal scholarship, and jurisprudence from both the Constitutional Court of Ecuador and the Inter-American Court of Human Rights. The findings demonstrate that practices such as the unnecessary repetition of testimony, the lack of adequate protective measures, and the use of stereotypes can lead to secondary victimization. The study concludes that the prohibition of revictimization constitutes a constitutional guarantee requiring effective procedures that reconcile criminal investigation with the comprehensive protection of sexual crime victims' fundamental rights, thereby preventing further harm during their participation in the process.