El derecho a la no revictimización de mujeres víctimas de violencia sexual en el proceso penal. Análisis de los parámetros establecidos por la Corte Interamericana de Derecho Humanos

Abstract

The right that prohibits non-revictimization stands as the cornerstone on which converge a set of human rights linked to the special protection of women victims of criminal offenses, safeguarding their privacy and security against any threat or other forms of intimidation. Which leads to the general objective of this investigation to determine the application of the Right to non-revictimization of women victims of sexual violence in criminal proceedings, following the parameters of the Inter-American Court of Human Rights (hereinafter IACHR). For which it was necessary to apply an adequate methodology that consisted of the use of the qualitative approach, with descriptive and explanatory depth, following the deductive-inductive methods, since, based on general ideas derived from current legislation and doctrinal opinions, contributions were made. personal, due to the use of methods such as the synthetic analytical, documentary analytical and exegetical, complemented with documentary review and interviews as techniques, which were applied to 4 victims of sexual violence, which from Ecuadorian criminal law allowed the analysis of their revictimization in the criminal process, evidencing that, particularly, in the stage of obtaining and evaluating the evidence, it is the phase of the accusatory criminal process in which the conditions for the revictimization of the victims of sexual violence are met, many times, for the lack of adequate preparation in due diligence to prevent co-violence Against women, which is dictated by the Protocols and jurisprudential standards of the IACHR. It was possible to identify, in this investigation, the various consequences generated by the revictimization of women victims of sexual crimes, fundamentally, evidencing negative effects, often irreversible, on the victims, aggravating the incidences of the criminal act and generating new ones.