Abstract

HIDALGO SOLIS, Ana Lorena. Algunos aspectos sobre el debate actual en torno a la violación sexual. Med. leg. Costa Rica [online]. 2004, vol.21, n.2, pp.37-47. ISSN 2215-5287.

In the judgment of the sexual felonies it is evidenced an double standard, specially in the interpretation criteria of each one of the existing proofs. The justice problem in cases of the sexual violation is that the meaning of what a violation is, is given by the women while the penal classification is given by the man and the masculine rights. From this point of view, the perception that men has about the woman’s desire is what determines if rape has occurred or not. This leads the law to assume that if the violator did not perceive that that the woman did not desire him, it is not violation, they had sex. All this leads to the deduction that until the Law and the ideology do not pay attention to the reality lived by the women victims of violation, the paradigm of its interpretation and assessment will continue to reinforce and tolerate the sexual violence as a naturalizes practice of men towards women.

Keywords : Women; sexuality; gender violence; sexual violence; sexual violation; penal rights; sexual felony; consensus; resistance.