The human rights of minors who are victims of sexual violence in the absence of due diligence and speed, resulting in impunity

Requena Fiol M.C.C.; Sandoval Llontop M.M.; Olaya Jiménez A.M.; Pingo More A.I. · Clio. Revista de Historia, Ciencias Humanas y Pensamiento Critico. (2026) · DOI: 10.5281/zenodo.18859600

Resumen

The objective of this article was to analyze the violation of the human rights of minors who are victims of sexual violence, given the lack of due diligence and speed in the proceedings, which results in impunity that guarantees legal certainty. The research is descriptive, qualitative, and socio-legal in nature, considering 50 cases of sexual violence in its different forms, based on documentary analysis, as well as the contents of prosecution files and court records, considered to be violations by close relatives and third parties. To this end, a documentary analysis was carried out. The results corroborate that there are shortcomings in due diligence, as well as a violation of the principle of speed. It is noted that, as a consequence of the failure to apply these two principles, impunity results. Thus, it was observed that of the 50 cases that were registered in the virtual office of the State (prosecutor's office), only 15 files reached the prosecutor's office and 3 reached the courts, while 9 were found to be archived due to a lack of evidence. The analysis concluded that due to a lack of interest on the part of the entities handling these cases, the aforementioned processes are not being carried out effectively, nor are the rights of minors being protected.

Instituciones: Universidad Privada Antenor Orrego; Universidad César Vallejo