Procedimientos químicos forenses mediante métodos y técnicas para el esclarecimiento o confirmación del delito sexual en casos de violación.

Abstract

Sexual violence is a crime committed in Ecuador on a global scale, with minors and women being the most vulnerable. This type of crime has a penalty of 1 to 26 years, according to Art. 16 refers to infractions on crimes against sexual and reproductive integrity whose victims are children and adolescents are imprescriptible by the reform in the Comprehensive Penal Code ( COIP) and in the Constitution of the Republic of Ecuador by the popular consultation of 2018 in Art.75. As an objective, we propose to analyze forensic chemical procedures through methods and techniques for the clarification or confirmation of the sexual crime in cases of rape. The case of Paola Guzmán went unpunished in 2001 in our country, for which the case was transferred to the International Court of Human Rights (IACHR) in 2008, which concluded that the deceased was one more victim of sexual violence by of the Vice Chancellor and doctor of his institution. In 2020, the IACHR issued the historic sentence of the Ecuadorian state for being responsible for sexual and institutional violence. Concluding that the forensic chemical expert must select a series of methodologies from orientation to Raman spectroscopy, which allows the interaction of light with the chemical bonds of a substance, providing detailed information on the chemical structure, polymorphism, crystallinity and molecular dynamics, establishing the identity of semen in individuals with azoospermia and other fluids with accuracy in rape cases.