La validez del consentimiento y el delito de violación.

Abstract

The purpose of this research work involves the development of the topic: The validity of consent and the crime of rape, because if it is true in the normative body specifically in Article 175.5 of the Organic Integral Penal Code (COIP) holds that consent for sexual crimes as well as minors are irrelevant. This study is related to the reality of the facts about the consent of those persons in the crime of rape; Therefore, it is intended that the legislators consider in the criminal type of rape the consent between adolescents between 14 and 18 years of age for their carnal access as a cause of justification, taking into account the sexual, biological, psychological and legal aspects that these people manifest, in order to prevent the criminalization of the alleged perpetrator, allowing the defendant to prove the existence of such consent, either to achieve the declaration of his innocence or in turn to change his legal situation by being guilty of another criminal type.