El delito de estupro: análisis comparativo entre el código penal (1938) y el código orgánico integral penal

Abstract

Raping has been considered a felony by the Ecuadorian Criminal Code since 1938, but since August 10th 2014 this code was repealed and the new Integral Organic Criminal Code considers important changes to the constitutive elements of the felony of raping. The objective of this research is to present a comparative analysis of the contents of the Criminal Code and COIP (Spanish acronym) related to raping. For this purpose the corresponding laws were reviewed in order to establish differences related to the active subject, passive subject and good guardianship.

Nevertheless, we didn’t find changes regarding this elements but references to copulation and means of execution and their punishment; so in case of consent of the above mentioned felony the punishment was between 3 months to 3 years and currently with the new code it is between 1 to 3 years. The previous Code used two terms and currently it is segregated to the term seduction, which omission can produce impunity at the trial time when this fact is involved and regarding the rector verb it is not considered copulation but sexual intercourse.