Análisis del abuso sexual y el consentimiento en el artículo 175 numeral 5 del COIP

Abstract

This article employs a methodology combining qualitative and descriptive approaches to analyze judgment No. 13-18-CN/21 and related regulations. Through analytical methods, it examines the Court's motivation for addressing the capacity of minors aged 14 to 17 to consent to sexual relations, interpreting and analyzing its criteria related to the sexual rights of young people. Additionally, hermeneutics is used to understand how the Court applies the capacity of adolescents to exercise their sexual rights, ensuring a comprehensive analysis and complete academic and legal understanding. The results indicate that the conception of adolescent consent in Ecuador has undergone a notable evolution. Initially, the Penal Codes considered adolescents as "objects of state protection" without the capacity to consent to sexual offenses. However, the 2008 Constitution, influenced by international treaties, marks a turning point by recognizing them as subjects of rights. Subsequent judgment No. 13-18-CN/21 from the Constitutional Court consolidates this change, balancing the need for special protection with respect for the free development of personality and personal autonomy in decisions about their sexuality, always considering their maturity and cognitive development. It was concluded that judgment 13-18-CN/21 protects the sexual rights of young people aged 14 to 17 by allowing consent in sexual activity, focusing on their development. While the lack of clarity regarding the limits between consent and abuse may cause confusion, the Constitutional Court advances in guaranteeing the exercise of rights.