La falta de tipificación del delito de violación inversa en el COIP

Abstract

In the present investigation, the crime of reverse rape will be developed, that is, when a woman under threats, intimidation or using any mechanism that could vitiate the free consent of the man, forces him to have a sexual relationship. Basically, the possibility that a woman can be considered as an active subject of the crime of rape will be analyzed, since in the Organic Integral Penal Code in its article 171, it mentions the word "carnal access", which refers to the fact that only the man can be considered as the aggressor in this type of crime, there being a legal vacuum. At the same time, it will be demonstrated that the aforementioned article violates constitutional principles such as equality and nondiscrimination. Therefore, it will establish a type of proposal to urgently reform the Comprehensive Organic Criminal Code, so that through this reform the protection of the legal right of sexual freedom is extended, based on the crime of rape, to both men and women.