Browsing by Author "Guevara Villamagua, Marian Sherezade"

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    Relación de causalidad entre la comisión del delito de violación y el suicido de su víctima: análisis con enfoque de género en el caso de Gabriela Díaz Cañizares (Nro. 06282 – 2014 – 2110)
    (Universidad de Cuenca, 2025-09-09) Guevara Villamagua, Marian Sherezade; Palacios Moreno, Diego Mauricio
    The consequences that sexual violence leaves on its victims, often culminating in suicide, represent phenomena that, although highly present in social reality, have received little attention in Ecuadorian criminal law doctrine. This study addresses that gap through a critical analysis of the cassation ruling issued by the National Court of Justice in case No. 06282-2014-2110, which acknowledged the causal link between the rape suffered by the victim and her subsequent decision to take her own life. The central problem lies in the fact that the mere establishment of causality is insufficient to attribute the result of the suicide to the sexual offenders. For this reason, the theory of objective imputation is applied, as it allows for the delimitation of the creation of a legally disapproved risk and its materialization in a fatal outcome. From a dogmatic legal analysis and under a gender-sensitive perspective, this research argues that the application of objective imputation enables the attribution of criminal responsibility in cases where sexual violence leads to the victim’s suicide. By doing so, it highlights the structural dimensions of gender-based violence and underscores the need to consolidate a more inclusive and rights-oriented jurisprudence in Ecuador.