La reducción de edad en los sujetos pasivos de las conductas abusivas : un acercamiento a la realidad socio cultural colombiano

Abstract

The Colombian legislator, under the regulation of the international law, has considered that the age where the minor is aware of his acts is the age of fourteen (14) years, for this reason, the wording of the crimes typified as “Of Abusive Sexual Acts ”Attributes as a taxable person of the action to boys and girls under fourteen; But, the possibility of reducing age should be considered, since it is evident that Colombian youth and adolescence (at least at the age of fourteen) have clear knowledge of sexual education, and frequently, there are even cases of family nuclei made up of boys and girls of those ages and below. Consequently, by reducing the age of the taxpayer, an externalization of the Colombian reality would be obtained, since it has become a factual pattern to see those minors in reference, but pretending to be older, as one of the consequences biological development; without disregarding that the Social Rule of Law seeks to protect the interests and care of children and adolescents, so lowering the age can be opposed to these guarantees by protecting children and youth, however, taking into account the dynamic nature of the law where the norms are constituted which must be harmonized and be in step with society, and specifically the Colombian population (as is the case of the labor regulation for children and adolescents, within which it is allowed by Colombian legislation , and although it departs from the criminal sphere, it connotes the guarantees and freedoms that minors acquire in Colombia), which in a way would help the understanding of sexual crimes, and on the other hand to the decongestion of judicial offices, being a scenario exposed on many occasions to carry out complaints for this type of crime, which end up being filed due to the consent expressed by infants or their legal representatives.