Los problemas de la imputación penal al responsable de la violencia digital

Abstract

Digital violence is one of the most recent and complex forms of gender-based violence, characterized by the non-consensual dissemination of intimate content, online harassment, and the use of technology to attack, monitor, or extort women. In Ecuador, despitecertainlegislative advances, significant obstacles remain in achieving effective criminal prosecutionof digital aggressors due to legal gaps, difficulties in obtaining digital evidence, andthelackof cooperation with technology platforms. This research analyzes, froma legal perspective, the main challenges faced by the Ecuadorian criminal justice system in prosecutingthesecrimes, using a comparative approach with Mexico’s Olimpia Law. A qualitative methodologyis applied, based on normative and jurisprudential analysis as well as interviews, toidentifythe institutional, technical, and social barriers that hinder access to justice. Thestudy concludes that criminal prosecution is possible, but it requires urgent and coordinated action from the State.