Tipificación del delito de ataques con ácido en el COIP y su relación con la violencia doméstica en Ecuador

Abstract

This research addressed the legal feasibility of incorporating a standalone offense for acid attacks into the Comprehensive Organic Penal Code of Ecuador. It was approached from the perspective of human rights and a gender-based approach. The problem is that currently, there is no law that specifically punishes these aggressions. Therefore, cases are processed as "injuries" or "attempted femicide." Because the law does not recognize the intent to disfigure the victim or the psychological damage, this proves inadequate. Thus, this research aimed to close that gap, providing adequate protection for women, who, as observed, are the most affected by these attacks. This research was qualitative in nature, based on legal-dogmatic analysis and the comparative method. The current legal framework was reviewed, the legal and symbolic implications of acid attacks were identified, legislative experiences from both Colombia and Mexico were analyzed, and a semi-structured interview instrument was applied to four expert jurists in order to gather their perceptions on the necessity and relevance of this reform. The results of the research confirm that the laws are not sufficient. The criminal figures currently in place do not manage to cover all the complexity and damage of acid attacks. Experts agree that the impact of these aggressions goes far beyond the physical, leaving devastating psychological and social scars on the victims. Looking at what other countries have done, such as Colombia with the Natalia Ponce de León Law and Mexico with the Malena Law, it can be determined that it is completely possible and very effective to create specific laws for these cases. These examples serve as a guide for Ecuador to follow a similar path.