La conducta de coito vulvar como modalidad de abuso sexual en la legislación ecuatoriana.

Abstract

Sexual abuse is the unlawful conduct that refers to the non-consensual and coercive act of involving a person in sexual activities against their will or without their capacity to give valid consent, without penetration. The legal problem of the present work focuses on the lack of legislation at the moment of regulating vulvar intercourse as a modality of sexual abuse; this ambiguity is reflected in case N°13572202000509, which deals with a girl who becomes pregnant as a consequence of vulvar intercourse. The Prosecutor’s office initiates the investigation as rape, the court judge sentences this act as sexual abuse and the Chamber, under appeal, sentences it as rape on the grounds that it is impossible for a pregnancy to be generated as a result of abuse, when forensic medicine establishes the opposite; an issue that will be argued throughout this thesis.