Technical defense and effective protection in crimes against sexual integrity in Ecuador

Abstract

This scientific article proposes as a general objective: To critically review the incidence of practical behavior of technical defense in cases of crimes against sexual integrity in Ecuadorian criminal practice, on the rights to defense and effective judicial protection. To achieve this, a qualitative approach is used, with scientific methods such as historical-logical, exegetical and analytical-synthetic methods. And, as a research technique, case review. The results show that the practical Ecuadorian criminal behavior, with respect to the technical defense, in cases of crimes against sexual integrity, is characterized by placing the anticipated testimony of the victim at the center of the evidentiary assessment, where, generally, the rights of the parties are restricted, such as, for example, the right of contradiction and the right of equality. And, around these testimonies, there are judicial evidentiary evaluations, from other evidentiary means, such as expert ones, which do not delve into the quality of the evidence, turning out to be very superficial, and subject to a weak technical defense and incapable of guaranteeing the established standards. in due process. Therefore, these evidentiary assessments also turn out to be violative of the Right to defense and the right to effective judicial protection.