Dogmatic analysis of Article 178 and its application to non-consensual sexting in Ecuador

Abstract

This paper addresses the dogmatic analysis of article 178 of the COIP and its insufficient application to sanction the non-consensual dissemination of intimate content derived from sexting, a cybercrime that evolves into digital violence and exposes the tension of dual consent for both creation and dissemination. The general objective is to evaluate the effectiveness of the criminal offense of violation of privacy, contemplated in article 178 of the COIP, for the protection of victims through a dogmatic and socio-legal analysis of its impact. A mixed research approach (qualitative-quantitative) is adopted, employing bibliographic review, exegetical, analytical-synthetic, comparative-legal, and inductive-deductive methods. The results demonstrate that article 178 is dogmatically deficient; its second paragraph generates a normative antinomy that exempts from liability those who personally intervene in the recording, despite the absence of consent for dissemination, creating a significant gap of impunity in "revenge porn." It is concluded that the legislation requires a lege ferenda reform to typify an autonomous crime that eliminates said exception, strengthens the multi-offensive protection of the victim, and guarantees an effective legal response.