Reflexive apology: dogmatic and probative problems in sexual crimes

Abstract

This academic article, part of revealing the dogmatic and evidentiary problems present in the crimes of Rape and Sexual Assault, for this reason, two interpretive scales are created: i) General typical dimension, when the victim is over sixteen years of age and has no mental disability; and ii) Qualified typical dimension, which comes from the mentally alienated victim or when it’s less than or equal to fifteen years of age; by virtue that, the Salvadoran legal-criminal reality, requires improving the questions and reflections for the best judicialization of criminal cases. In this context, there are two objectives that have guided the study. The first of them, to systematize and order the criminal types and the legal rights they protect. The second, from that structure, is to unfold the problems inherent in the judgment of typicality and guilt, as well as the probative disadvantage they require. In order to achieve its objectives, the text uses a qualitative method and adopts an applied research model, because it derives from the usual problems present in the sentencing stage of criminal proceedings in El Salvador, in turn, takes up aspects of bibliographic research, derived from the approach of Salvadoran jurisprudence in criminal matters. From the full study of the article, a better understanding of the existence of three legal assets, a clear approach to the problem arising from circumstances such as the consent of the minor in sexual relations and the role of the victim in the evidentiary activity will be obtained.