The victim also exists: human trafficking for the purpose of sexual exploitation and civil restitution in the Peruvian criminal process

Verona-Badajoz A.; Díaz Castillo I.; Meza D.Q. · Politica Criminal (2025) · DOI: 10.4067/s0718-33992025000100158

Resumen

The present article analyzes whether the judicial reasoning contained in seven judgments issued by criminal courts of first and second instance in Peru is adequate for the comprehensive reparation of victims of human trafficking for sexual exploitation. This analysis is conducted from three perspectives: a) the legal paradigm shift that recognizes the prominence and rights of the victim in the criminal process; b) the integration of standards set by the Inter-American Court of Human Rights in defining comprehensive reparation for victims of human rights violations; and, c) the incorporation of victim centered, gender-based, and trauma-informed approaches. In this context, the importance of incorporating these three perspectives to evaluate and decide on the denial, granting, and, in this case, determination of civil reparation, taking into consideration the particularities of human trafficking for sexual exploitation, its victims, and the devastating effect of the crime on them, is substantiated. Consequently, the challenges faced by the criminal justice system in realizing the reparative rights of the victim in the criminal process are discussed. © (2025), (Centro Estudios Derecho Penal). All rights reserved.

Instituciones: Pontificia Universidad Católica del Perú