AHP and Topsis methods for the recommendation of transformation in the criminal interpretation on the inverse violation to the active subject and the configuration of the criminal type in the COIP

Abstract

This study addresses the existing legal vacuum regarding the active subject and the definition of the criminal type in cases of reverse rape, using the well-known "La Mechita" incident as a reference case. Its main objective is to theoretically analyze the concept of reverse rape to highlight the need for its inclusion and correct categorization in the Comprehensive Organic Criminal Code (COIP) of Ecuador. The research aims to develop a method that combines the Analytic Hierarchy Process (AHP) and the TOPSIS method to recommend transformations in the criminal interpretation of reverse rape regarding the active subject and the configuration of the criminal type in the COIP. Through an analysis of a specific case, the paper examines how the grammatical interpretation of carnal access in current criminal legislation creates a gap in the regulations. Specifically, it is emphasized that, in the current legal context, it is paradoxical to punish a woman as the perpetrator of rape when, according to the objective definition, she lacks the necessary organs to carry out sexual intercourse, which hinders the effective protection of the legal right, that is, the man's sexual integrity. This legal loophole can lead to the application of different criminal categories to the crime of infraction, revealing inconsistencies in the protection provided by criminal law.