Examinando por Autor "Idrovo Ochoa, Andrea del Cármen"
Mostrando 1 - 1 de 1
Resultados por página
Opciones de ordenación
- ÍtemAcceso AbiertoRevictimización en el delito de violación dentro de la etapa de instrucción fiscal(Universidad Católica de Cuenca., 2022) Idrovo Ochoa, Andrea del Cármen; Arévalo Vásquez, Carmen Elizabeth; 0105388403; Ordoñez Carpio, Fernando EstébanThe right to non-revictimization is intended to protect the passive subject throughout the criminal process, safeguarding their human dignity and personal integrity, especially in the prosecutorial investigation stage, in which elements of conviction are obtained and evaluated. Nonetheless, if not promptly guaranteed, a form of psychological violence is exercised resulting from marked institutional negligence affecting victims' rights, especially those vulnerable, such as children and adolescents, people with disabilities, and women, due to gender violence. The aforementioned justify the urgency of effectively protecting them. Thus, this research aimed to determine whether the right to non-revictimization is guaranteed or, contrary, violated due to the absence of effective guidelines or regulations to protect it. For this purpose, a qualitative approach was used, through the systematic method, in order to study secondary revictimization and its adverse effects. In turn, the case study method was applied by analyzing processes of the crime of rape that occurred in the city of Cuenca in 2018. With these data, the violation of the right in mention was demonstrated, despite international, constitutional, and legal norms regulating it, evidencing the urgency of adopting parameters that allow its respect and the correct development of the process, based on the principle of equality of the procedural parties. Nevertheless, does the State have sufficient economic resources to fund it? It will depend on the answer to this question to implement them.