Penas aplicables al delito de violación cometido en contra de una mujer de 11 años de edad

Abstract

The present research developed within the framework of criminal law, has as its central object of study, the crime of rape, whose essential characteristic is the presence of multiple possibilities typical in the same disposition of the integral organic criminal code. In the precise case post-study, it was an action in which an adult with threats accesses sexually with an 11-year-old girl. The problem of the case is not about the very configuration of the punishable act, but rather, about the scope of the aggressor's responsibility, that is, the penalty that corresponds to him for the act. Our penal system has structured degrees of punishability aimed at the proportionality of the punishment in accordance with the damage caused, in this case, having harmed the freedom and sexual integrity of a girl, which is from her family bond. That being the case, our most important conclusion is the fact that there is an aggravating circumstance and that with it it is sufficient for the offender to be punished with the maximum penalty increased by one third. The violation, in Ecuador, has as far as punishment is concerned, the highest rank of repression along with the crimes against life, which has called the attention of the present study, so we inquire into the reasons for that appreciation that has had the legislator and it has to do with the index of sexual crimes in the equator and the effects of the same on the victims.