Inadequacy of the Ecuadorian criminal process in the face of abusive sexting and the need for effective protection measures for victims

Abstract

Introduction: This research analyzes the inadequacy of the Ecuadorian criminal justice system in protecting victims of abusive sexting, a form of digital violence characterized by the non-consensual dissemination of intimate content. Materials and methods: Using a qualitative approach, theoretical and empirical methods were employed, including a review of legal norms and doctrine, comparative law analysis (Spain, Mexico, Colombia), semi-structured interviews with justice system professionals, and documentary analysis of court records. Results: These demonstrate that the absence of an autonomous criminal offense and the inadequacy of the catalog of protective measures in Article 558 of the Comprehensive Organic Criminal Code (COIP), designed for analog contexts, are the main obstacles. Discussion: Traditional measures do not allow for ordering the removal, blocking, or de-indexing of digital content, which, combined with the lack of protocols for preserving electronic evidence and the prolonged judicial response times, perpetuates revictimization and results in a high rate of cases being dismissed by prosecutors. The discussion focuses on the fact that the main deficit is procedural, not merely substantive. Conclusions: A structural reform is needed to strengthen Article 558 of the Comprehensive Organic Criminal Code (COIP) by incorporating digital protection measures (removal, blocking, de-indexing, and preservation of evidence) and creating an urgent procedure for early judicial decision-making, which can be activated from the initial investigation phase. This proposal, validated by expert opinion, seeks to guarantee effective, timely, and proportionate judicial protection against digital harm.