Impacto de la ampliación de los derechos de las víctimas de violencia sexual con ocasión del conflicto armado en el ejercicio del incidente de reparación integral

Abstract

Since sexual violence is one of the most execrable phenomena in the armed confrontation in Colombia, which translates into serious human rights violations, the legislator has decided to sanction this specific typology of violence as an attack on International Humanitarian Law –and eventually as a crime against humanity- by issuing Law 1719 of 2014. As a corollary of the creation of the new criminal types, the norm, among other developments, elaborates a special regulation regarding the incident of integral reparation for the victims of sexual violence in the context of the armed conflict, taking as a basis the needs of extending the rights of these victims, and that the incidental procedure is translated into a real effective remedy for the realization of the fundamental guarantees of the victim. This new regulation increases the possibilities of intervention of the victim in the criminal process, and it is an expression of an increase in the catalog of the rights of the victim in the stage of the integral reparation incident. It is qualitative research that manages to establish that the legislator of Law 1719 of 2014 extended the possibilities of intervention of the victim in the criminal process, especially from certain exceptions to the principle of pretension, the consecration of extra powers and ultra petita in the head of the ruling judge, and other modifications to the current legislation in Law 906 of 2004, with the purpose of making the incident of integral reparation an effective remedy in the realization of the fundamental rights of victims of sexual violence in the context of confrontation.