La violación inversa en Ecuador y su exclusión en el COIP ¿Un crimen sin castigo?

Abstract

El COIP, the ecuadorian criminal law, classifies rape as an attack on sexual freedom through various means, including violence, intimidation, or the inability to resist the act. However, it does not recognize "reverse rape" as a type of rape. This term refers to a situation in which a man (the passive subject) is forced to have sexual intercourse against his will by a man or woman (the active subject), through threats or coercion. This omission generates legal uncertainty and limits victims' access to justice. It reflects a gender bias that assumes only the person who acquiesces to or initiates the act is guilty of the crime of rape, while ignoring the responsibility of the person who forces another to submit.
This study analyzes the legal implications of this regulatory gap and highlights the need for reforms to ensure equal protection under the Ecuadorian criminal justice system.