Analysis of the criminal offense of rape from new gender perspectives

Abstract

This article studies the configuration foreseen in article 171 of the Ecuadorian Organic Integral Penal Code. The general objective is to analyze the need to implement legislative modifications by the National Assembly of Ecuador, in art. 171 of the Organic Integral Penal Code, so that, in the description of the criminal type of rape, gender identity is included and rape is established as a crime against sexual and gender integrity, as well as a protected legal right, in this crime, which affects both the mental health of the victims of these facts, as well as their family and environment. A qualitative research approach is applied, with scientific methods such as analytical-synthetic, inductive and exegetical. The scientific result is that the right to justice and equality are also violated if gender identity is not included within the normative and constitutive elements of the criminal type of rape, as well as a proposal of legal configuration of this criminal type, prior argumentation to support it.