Medical expertise, rape of minors and low civil reparation, in the superior court of justice of Peru

Flores Arocutipa J.P.; Cohaila Quispe R.D.; Bermejo Peralta L.D.; Ponce Arpasi C.M. · Salud, Ciencia y Tecnologia - Serie de Conferencias (2023) · DOI: 10.56294/sctconf2023195

Resumen

The objective is to demonstrate that the effective penalty in sexual violence against minors is explained by the circumstantial evidence and the Agreement 2-2005/CJ-116 in the Criminal Chamber of a Superior Court of Justice of Peru 2022, where the medical expertise is especially important and has little impact on the civil reparation. It is a non-experimental research, a review of 56 second instance sentences and an observation form was used. Infringement against minors is latent in the regions of Peru, in 2019, 5500 complaints were known and in 2020, 5521 complaints of sexual violence against women were counted. They are victims of violence, 16 girls and young women every day in the years 2020-2021, the number of cases of teenage mothers under 15 increased from 1158 to 1438. A direct and significant qualitative correlation of 70 % was found between the expert evidence and conviction. The Rho is 40 % between penalty and civil reparation, which is direct and moderate. It was also proven that the higher the penalty, the more moderate the civil compensation. The conclusion is that the medical expertise as a means of proof is conclusive in the decision taken by the jurisdictional body. And the civil compensation is generally much lower than the damage caused. © Autor(es); 2023.

Instituciones: Universidad Nacional de Moquegua; Universidad José Carlos Mariátegui de Moquegua