that are appropriate for this purpose.321 The Court assesses positively the progress that the State
has made after the events in this case, so it will take them into account when determining the
guarantees of non-repetition of this case.
d.1.
Adaption to domestic legislation
196. This Court assesses positively the different laws that the State has implemented against gender
violence, sexual violence and in favor of the protection of children and adolescents,322 as well as the
different procedural reforms that seek to facilitate access to justice for victims of sexual violence.323
Particularly, the Court highlights the modification of the Code of Criminal Procedure, which
establishes that the sentencing courts be made up of three technical judges, and not two justice
professionals and two citizens as was established at the time of the events,324 which guarantees that
cases of sexual violence against minors are judged by judicial authorities of a technical nature, who
have the appropriate training and specialization.
197. Without prejudice to the foregoing, the Court considers it relevant to order some legislative
adjustments as they constitute measures aimed at eliminating obstacles and contribute to obtaining
justice for child victims of sexual violence. The aforementioned regulatory reforms are also intended
to punish those who use their position of power, control or influence over minors to abuse or exploit
their dependence or vulnerability and eliminate gender stereotypes and discrimination in the
criminalization of acts of sexual violence.
198. Regarding the classification of the crime of rape, the Court observes that, although the last
modification made to this criminal offense (supra para. 43) includes the requirement that sexual acts
be non-consensual, consent appears as a tangential and additional element in the configuration of
the crime of rape, since it continues to require that intimidation, physical or psychological violence
be exercised, or that the victim be incapable of resisting. Therefore, the State must, within a
reasonable period of time, adapt its domestic legal system in such a way that the absence of consent
is central and constitutive of the crime of rape, in such a way that the crime is not required to be
committed through violence or intimidation, the lack of consent for the sexual act being sufficient.
When classifying this crime, the coercive circumstances that nullify consent must be taken into
account, in accordance with the standards established in paragraphs 145 to 149 of this judgment.
199. Additionally, this Court warns that the crime of statutory rape is based on traditions and gender
stereotypes; it does not identify the victim’s particular condition of vulnerability; it conceals
relationships of power, and creates a hierarchy between sexual crimes that diminishes, makes
invisible and normalizes the seriousness of sexual violence against children and adolescents.325
Furthermore, the Court notes that the regulatory adaptation cited above will necessarily imply that
Cf. Case of Suárez Rosero v. Ecuador. Merits. Judgment of November 12, 1997. Series C No. 35, para. 106, and
Case of Barbosa de Souza et al. v. Brazil, supra, para. 186.
321
322
Comprehensive Law to Guarantee Women a Life Free of Violence (Law No. 348 of 2013); Updated Code for Children
and Adolescents (Law No. 548 of 2014); Code of Families and Family Process (merits file, folios 106, 107, 233, 235, 511).
Law No. 1970 of 2010 modified the Code of Criminal Procedure, limiting the duration of proceedings in cases of sexual
violence against children and adolescents to a maximum of 3 years, counted from the first act of the proceedings. The Law of
Abbreviation of Criminal Procedure and Strengthening the Comprehensive Fight against Violence against Children, Adolescents
and Women, provides that, in the case of victims who are minors and adult perpetrators, the eight-year statute of limitations
begins four years after the victim has reached legal adulthood (Law No. 1173 of 2019). The Law of the Judicial Body (Law No.
025 of 2010), provides, within the organizational structure of the judicial body, public courts in matters of childhood and
adolescence, as well as public courts in matters of intrafamily or domestic violence (file background, pages 106, 186, 232,
520).
324
Article 8 of the Law on Decongestion and Effectiveness of the Criminal Procedure System, of October 30, 2014,
modified Article 52 of the Criminal Procedure Law.
325
Cf. Written version of Sylvia Mesa Peluffo's expert opinion dated April 12, 2022 (evidence file, folios 11657 to 11658);
Expert opinion of María Elena Attar Bellido dated March 21, 2022 (evidence file, folio 11554), and expert opinion of Dubravka
Šimonović dated March 18, 2022 (evidence file, folio 11485).
323
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