Análisis de factores psico jurídicos determinantes en la retractación y/o desistimiento en casos de delitos sexuales en niños, niñas y adolescentes en diez provincias del Ecuador.

Abstract

The objective of this research is to analyze the main psycho-legal factors that influence in the sexual crimes’ testimony backdown and/or withdrawal in children and adolescents based on information collected from justice administrators in 10 Ecuadorian provinces. For this purpose, a qualitative nonexperimental study was designed with a descriptive scope and transversal temporality with a simple random sample. A survey to 25 prosecutors and 18 judges and a semi-structured interview to 2 prosecutors and 1 judge was applied. The results reflected that victims’ economic needs generate dependence in cases where the aggressor is part of the primary environment which can lead to out-of-court economical settlements. As a conclusion, children and adolescents’ family pressure and false emotional ties between the victim and the aggressor through a psychological process called "accommodation". As a result of this, children and adolescents modify their initial testimony causing personal questions, invisible loyalties and ambivalent feelings such as guilt, anger and confusion. Regarding legal factors, there is little depth of the expert and prosecutorial investigation. Few means of proof, relative application of certain laws and investigation delays do not allow to collect enough elements to complete the criminal process. Finally, relatively long times for the different proceedings within criminal investigation may compromise expert report, particularly victims’ testimony.