Jurisprudencia y Ciencias Sociales
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Item Estándar de convicción de la duda razonable: análisis comparativo del acoso y abuso sexual(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-08) Vásconez Pilco, Dario Josué; León Trujillo, Edisson SantiagoThis research focuses on the application of the reasonable doubt standard of conviction in the Ecuadorian criminal justice system, with a specific focus on the crimes of sexual abuse and harassment. The importance of this study lies in the need to ensure the proper administration of justice, protecting the rights of defendants and victims through the correct application of the principles of presumption of innocence and in dubio pro reo. The main objective of the research is to identify and analyse how reasonable doubt is applied in the evaluation of evidence and judicial decision-making. To achieve this objective, a detailed analysis of the conceptual and doctrinal framework underpinning reasonable doubt was carried out, complemented by an examination of Ecuadorian criminal law. The methodology used in this study was qualitative, allowing for an in-depth exploration of the human phenomena associated with sexual offences. Research techniques such as interviewing legal experts, including judges, prosecutors and lawyers, were employed, allowing for a detailed and informed insight into the application of reasonable doubt in the judicial context. In addition, a dogmatic approach was used to analyse the criminal offences of sexual harassment and sexual abuse, considering both the objective and subjective criminality of these offences. The results of the research highlight that sexual harassment is characterised by acts of a sexual nature without physical contact, but derived from a situation of subordination of the victim. In contrast, sexual abuse involves physical contact without consent. These findings underline the need for a proper interpretation of criminal law to avoid impunity and ensure fair sanctions. Relevant findings indicate that the correct application of reasonable doubt is essential for the protection of the rights of the accused, and that justice administrators must be trained in areas relevant to criminal conduct in order to properly assess evidence. The research also highlights the importance of ongoing training in the justice system to inform judicial decisions with sound legal motivation and based on comprehensive and relevant evidentiary reasoning