Jurisprudencia y Ciencias Sociales

URI permanente para esta comunidadhttp://repositorio.uta.edu.ec/handle/123456789/892

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2024 - 20263

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Fecha de inicio: 2020Tema: search.filters.subject.VIOLACIÓN

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Mostrando 1 - 3 de 3
  • Miniatura
    Item type:Ítem,
    La valoración de la prueba testimonial de la victima y el principio in dubio pro reo en el delito de violación
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2026-07-09)
    Guilcazo Hurtado, Mayra Alejandra
    ;
    Ramiro Tite, Segundo
    The present research focuses on the analysis of the evaluation of the victim's testimonial evidence and the principle in dubio pro reo in the crime of rape. The issue is of special importance and topicality since being faced with a sexual crime that, due to its nature of being committed clandestinely without the presence of witnesses, there is a problem in placing the victim's testimony as a central element of the charge to enervate the presumption of innocence of the accused. The methodology used presents a type of documentary bibliographic research for the analysis of regulations, doctrine, jurisprudence and studies previously carried out, as well as field research for the collection of direct information from judicial practice; a qualitative approach was used by applying an inductive method when using the interview guide to obtain information that was aimed at judges, prosecutors and lawyers in free practice specialized in criminal matters. The work was developed under a line of research corresponding to Criminal Law and Criminal Procedure with a scientific novelty based on the "theory of cautions", structured by evaluation criteria to which the victim's sole testimony must be subjected. In this sense, it is established that such testimony must fully comply with the three criteria of credibility – absence of subjective incredibility, plausibility in the statement and persistence in the incrimination – in order to enervate the presumption of innocence, otherwise it is the obligation of the judge to apply the principle In dubio pro reo
  • Miniatura
    Item type:Ítem,
    Análisis de la influencia de la Sentencia No. 17-21-CN/23 y la interpretación condicionada por parte del pleno de la Corte Constitucional del Ecuador
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2025-03-21)
    Panimboza López, Karla Sharis
    ;
    Acosta Morales, María Gabriela
    Sexual violence is a problem of general interest that affects the most vulnerable members of society, such as persons with disabilities, who are frequently victims of sexual crimes such as rape, since this group has been prevented from appropriating their sexuality and for whom investigations are scarce. The objective of the study is to analyze from a legal and dogmatic perspective the Sentence No. 17-21-CN/23 of the Constitutional Court of Ecuador to establish the applicability of the proportionality of the interpretation of this type of crime and adjust it to the needs and reality of victims with disabilities unable to show resistance. The importance of dealing with this problem lies in the fact of giving visibility to an illegal conduct that violates the rights of integrity and sexual freedom of a priority group. The research approach is explanatory, using a qualitative methodology, which allows the bibliographic and jurisprudential study, together with the application of interviews to Judges and Prosecutors of the province of Tungurahua, this allows to collect the causes and effects of the legal problem, so it is immersed within the research line of public policy, law and society. The main result evidence that, although the examined sentence demands a personalized treatment in the imputation of the crime of rape, the actions of the judicial officials overlook what was ruled by the Constitutional Court, violating the rights of integrity and sexual freedom of persons with disabilities. In conclusion, the study underscores the need for greater control of compliance with constitutional jurisprudence on the part of justice administrators and a stronger state commitment to the implementation of public policies aimed at sex education and social integration of persons with disabilities.
  • Miniatura
    Item type:Ítem,
    Derechos de las víctimas y reparación integral por el delito de violación sexual en el Ecuador
    (Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-02)
    Pilla Laica, Joselyn Micaela
    ;
    Tite, Ramiro Segundo
    Integral reparation is an obligation of the Ecuadorian state to compensate the impairment of a right and return the victim to the state prior to the damage caused, to mitigate the effects of the same damage caused by the perpetrator, under this context the Ecuadorian state from the constitution of 2008 established mechanisms to achieve an effective comprehensive reparation, specifically in research conducted will address the comprehensive reparation for the crime ofrape, a crime that violates constitutional rights such as sexual freedom, personal integrity, privacy, free development of personality, a dignified life and the right to life itself, it is important to highlight the type of damage that the victim suffers, the consequences suffered and the measures necessary to mitigate or return to the normal state, It is important to highlight the type of damage that the victim suffers, the consequences suffered and the measures necessary to mitigate or return to the victim's normal state, This last factor in certain cases has been impossible to repair since the psychological sequels go beyond the tangible because they are considered a "wound ofthe soul" by the victims and the state can only conceive it as "dignity", which has no price and in certain cases neither psychological help nor money are enough to prevent suicide; It is also inefficient when it comes to the fulfillment as integral reparation the economic payments when they do not possess money or material goods or because they are not suitable and proportional.