The abuse of women does not wake up the State

Not even the highest court has managed to amend the country’s inter-institutional system that attacks, with its ineffectiveness, the victims of sexual abuse.

More than a year has passed since the Inter-American Court of Human Rights (CorteIDH) condemned the Ecuadorian State for its ineffectiveness in the case of school sexual violence that ended in the suicide of Paola Guzman Albarracin; a 14-year-old girl who was repeatedly raped by the vice-rector of the school where she studied.

However, and despite the fact that the ruling of the IACtHR did not establish a time to make the corrective measures, in the country the pilgrimage experienced by the victims of sexual abuse in search of Justice.

The most recent case that exposed, once again, the negligent response capacity that exists within the system, is that of a student 14-year-old who denounced, on the afternoon of April 21, that the driver of the school bus in which she was traveling to one more day of school abused her physically and sexually.

SEXUAL ABUSEOf the 5,018 complaints registered in the Prosecutor’s Office for the crime of sexual abuse, 80% are in the preliminary investigation stage. Only 1.3% have had a conviction.

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Complaint that was not attended by the director of the school DillonAccording to the Minister of Education, Mary Brown; who asserted that there was negligence at the time of executing the care protocol for the student victim of rape.

According to Brown, the authority of the Dillon school did not provide accompaniment psychological and socioemotional the student, nor did he accompany the relatives to file the complaint in the prosecution and privileged the image of the institution over the student.

Actions that show that the Guarantees of Non-Repetition that pray in the ruling of the Inter-American Court, with which request the Ecuadorian State “to provide adequate regulation and mechanisms for training, early detection, oversight, supervision and accountability of public and private educational entities, in order to prevent and duly respond to situations of sexual harassment (…)”, has only remained on paper and has not been implemented in the country’s public policy.

For Valeska Chiribogaa member of the Paola Guzmán Albarracín Observatory that examines compliance with the Court’s ruling, the country’s institutions have protocols to provide a prompt response in these cases, however, “these are only well structured grammatically, because when it comes to execute themthe results remain the same; inefficient”.

FIGURE80% of sexual abuse cases are in the preliminary investigation stage. According to data from the Prosecutor’s Office.

Chiriboga highlights that the sentence of the highest Court is and will be an important tool for the country, but that it has not been well implemented by the State or by its institutions. “This goes beyond the budget and the institutions that communicate what they are going to do, it is about political will, to execute actions; and that is something that, unfortunately, Ecuador has not been able to fully assume.”

To the negligent response of the educational entity is added the lack of action of the Guayas Federation before the complaints of sexual abuse and harassment presented by the mothers of two minor athletes before the president of the institution, Robert Ibanezin September 2021.

Instances. The ruling is final, but Brenda's defense will resort to a protective action.

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Complaints that, once again, were not a compelling reason to execute the much-mentioned care protocol for violence and child abusegirls and adolescents, which in this case was issued by the Ministry of Sport.

Document that establishes that “every person of the National Sports System involved in the National Games who has knowledge of an alleged case of all types of violence against a minor, committed during the development of this event, has the obligation to file the complaint immediately with the Prosecutor’s Office.” Provision that neither the entity nor its president complied with.

According to the Ministry of Sports, Fedeguayas had to implement actions that guarantee the immediate protection in this case, avoiding revictimization, but, once again, that did not happen either.

Ibáñez only resolved, given the complaints filed by the mothers of the athletes, that the person accused of abuse only trains athletes adults; ignoring that he could have contact with minors within the establishment. Until March 2022, after six months of the complaint, neither Ibáñez nor any other authority of the institution presented the case before the prosecution.

To impunity with which these cases are handled adds the ineffectiveness of a court of the National Court of Justice which suspended, on three occasions, the hearing of the cassation appeal requested by Brenda (protected name); a student who was raped in 2018 while she was attending an internship to complete her radiology degree at the Hospital of the Ecuadorian Social Security Institute (IESS). The justification? The vicissitudes of one of those accused of sexual assault, his defense and one of the court judges.

After the wait, and the constant setbacks that the process has had, the court installed, in a fourth attempt, the hearing where it resolved not grant the appeal filed by Brenda’s defense because, according to the jurists, the last ruling that revoked the first decision of the Provincial Court that sentenced the three defendants to 29 years in prison for the crime of sexual abuse He had no legal errors.

The mothers of the minor champions officiated their complaints to the Prosecutor's Office in November 2021 and this March.

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Cases like that of Brenda evidence the lethargy experienced by victims of sexual abuse during legal proceedings which, despite having toxicological tests showing that the victim was drugged and expert reports showing the sexual assaultat the end of the day are not compelling reasons to execute an action that prioritizes their rights.

To this is added the little empathy of the organism. Like the comment issued by the president of the National Court of Justice, Ivan Saquicela, in an interview in the media. In which he stated that, despite not knowing Brenda’s case or wanting to make a value judgment, the complaints made by her “do not imply that this version be the truth of things”.

Zaida Crespoa member of the organization Mujeres con Vosz, says that she does not know if the remediations were carried out or not, but assures that the evidence of impunity shows that nothing has been remedied.

“The cases are repeated and with it the impunityThese are not isolated cases, it is reality. If you don’t evaluate the case of the student who reported sexual abuse and the school officials let the abuser go, or that of the death of the young woman from Manabí who, despite the fact that investigations and evidence show that the couple assaulted her, this is still a prosecutor, like the students of the Fedeguayas who denounced that the coach harassed them and he continued to work. The State has an enormous debt with the girls and women who are victims of sexual abuse that it still has not paid,” Crespo lamented.

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The abuse of women does not wake up the State