¿Beneficios punitivos para los agresores de los delitos sexuales o una mejora para las víctimas y la eficacia de la administración de justicia en los delitos contra la libertad, integridad y formación sexuales?

Abstract

This article aims to demonstrate the need to reflect on the absolute prohibition of punitive benefits for the acceptance of charges in crimes against freedom, integrity, and sexual formation within the accusatory criminal system. Based on principles such as human dignity, orality, and the rights of victims, it is argued that the rigidity of the current regulations contributes to judicial congestion, impunity and revictimization. The penalties foreseen for the main sexual crimes are exposed, as well as the norms thar exclude this title of the penal code from any punitive benefit or penal subrogation. Recent statistics show the high number of complaints, the low rate of convictions, and the structural problems of the judicial system. The article argues why acceptance of charges should be allowed as a punitive benefit. It attracts significant benefits for the efficiency of the adversarial system such as the reduction of hearing, institutionalization, strengthening, prevention of nullities, and emotional protection of victims. In addition, a possible positive impact on the perception of a more effective justice system is highlighted, especially in regions with high judicial congestion. Finally, a call is made to overcome the social rejection that this proposal usually arouses, understanding that its purpose is not leniency towards the aggressors, but to guarantee a timelier, restorative and victim-centered justice for the victims of sexual crimes