Legal analysis of crimes against freedom and sexual integrity: rape and other related crimes

Crespo-Berti ,Luis I; Araúz Chavarría, Bienvenida ,Guanoluisa, Francisco ,Solá, Miguel
Keywords: rape, sexual crimes, violence, intimidation, active subject. ,


The purpose of this work was to analyze from the focus of formal illegality by the protected legal object such as crimes against sexual and reproductive integrity. Its denomination deepens the concept of modesty and sexual freedom. These crimes are related to other legal figures, among which are: abortion, personal injury, rape, domestic or intra-family violence, human trafficking; reprehensible behaviors developed in this study. The simplest way to protect the legal right that the legislator intends to protect is the right that every person with the capacity to carry out an intimate relationship has. In rape there is no consent, the active subject performs the erotic act without the consent of the offended party. Hence, the circumstances determined in article 164 and following of the Ecuadorian Comprehensive Criminal Organic Code, follow the pattern; that is, force or intimidation in the act, by which it becomes evident that there is no approval in the victim. The results show that there is criminal regulation within the framework of sexual protection, because of the different cases associated with the crime, where the victims are mostly minors or women. Being that its offenders represent a high degree of danger. As a corollary when handling the criminal figure that is typified in this title, we must take into account the legal scope of sexuality based on respect for the freedom of others.