Pre-trial issues in the investigation of sexual crimes against children and adolescents

Abstract

Introduction: This research addresses the pre-trial deficiencies in the investigation of sexual crimes against children and adolescents in Ecuador, which affect the principle of the best interests of the child. It begins with the question: How do pre-trial problems affect the development of investigations into sexual crimes in cases involving children and adolescents? The hypothesis is that the lack of prosecutorial diligence, failure to meet deadlines, and the absence of specialized personnel affect investigative effectiveness and access to justice. The general objective was to determine the pre-trial problems that hinder criminal investigations in these cases. Materials and methods: A mixed-method approach was applied, with documentary review, jurimetric analysis, interviews with legal practitioners, and international comparisons. Results: The results show high rates of filing and statute of limitations (95%) despite the existence of evidence, revealing institutional negligence. It is proposed to strengthen the pre-trial stage through specialized prosecutors' offices, ongoing training, improved information management, and prevention campaigns. Discussion: Expert validation rated the proposal as relevant and feasible (average score of 3.9/5). Conclusions: These actions would contribute to reducing impunity, ensuring effective judicial protection, and comprehensively protecting underage victims.