Tipo de sanción en delito sexual contra los niños por parte de los adolescentes infractores

Abstract

The issue of juvenile delinquency that is currently perpetuated today has been exacerbated by the number of crimes that afflict the city of Guayaquil, the commission of a crime or infraction by an adolescent offender deserves that they be tried by means of a specialized restorative justice that seeks to respect the rights of adolescents, in this way it is derived from socio-educational measures that can be custodial and non-custodial, the same ones that are determined by the Code of childhood and adolescence. Comprehensive reparation as a right established within the Constitution of the Republic of Ecuador, which allows compensation for the damage caused to the victim, in this case a boy or girl, as a result of sexual abuse by an adolescent offender, according to What the legal system establishes merits a comprehensive reparation which are determined depending on the type of crime and infraction and the seriousness. Although it is true that the establishment of mechanisms for comprehensive reparation are determined within Ecuadorian legislation, the problem arises in a mechanism for compliance with comprehensive reparation, which generates that the rights of boys and girls are violated as victims, taking into consideration that the state must seek the comprehensive development of children to adolescents, so it is necessary that criminal restorative justice in the matter of adolescent offenders be optimal and effective in reparative material so that the victim can be compensated in their rights for the damage caused and in turn that the accused adolescent offender can be rehabilitated and reinserted into society.