Interpretación del bien jurídico protegido dentro del delito de estupro.

Abstract

When the issue of which legal right is protected by Criminal Law is arrived, it collides with the reality that the judge, in certain crimes, has not clear the foundation of the criminal type or the reason why it was introduced by the legislator. This is the case of the statutory rape, a criminal figure that was always linked to the sexual morality accepted by society from Greece to our days and it has been suffering big changes by the development of teenager’s sexual rights. Within the Código Orgánico Integral Penal, the legal right that is being protected in statutory rape is sexual integrity, which is inaccurate because by its nature the statutory rape is a special crime in which cannot protect the same interests that the crimes also grouped within the legal right called sexual integrity. The objective of this thesis is to demonstrate the sense of this figure and clarify its reason to be through a comparison with several international legislations also with the Judgments of the Corte Nacional de Justicia, thus fulfilling the purpose of clarifying what is.protected when the statutory rape is sanctioned.