The evidentiary process in sexual crimes in Ecuador

Abstract

The complexities of the evidentiary process in sexual crimes constitute one of the most debated topics in current Ecuadorian law, given the repeated complaints made for rape and other sexual abuses, in which quality investigation, contribution and practice of evidence are required. through which the judge must form a conviction about the occurrence of the event and the responsibility for it, of one or some people. Generally, in judicial practice, matters are brought before judges with minimal evidentiary activity, which includes the testimony of the victim and the psychological examination of experts, with which rulings have been issued that, although they could be avoiding impunity for sexual crimes; On the other hand, they cause concern to the legal community and society due to the serious consequences that come with a conviction for a sexual crime. The objective of this study was aimed at evaluating fundamental elements that must be taken into account in the evidentiary process in sexual crimes, exposing its main controversies, as well as highlighting the need to raise the professional level of judges and people who render reports on psychological expertise. Theoretical legal research methods were used and updated bibliography was consulted. The main results indicate the need for specialization of experts and improvement of judges in the field of psychology and evidentiary assessment.