Psychological Violence: Victim Abandonment and its Legal Consequences in La Troncal Canton, 2021

Abstract

The Organic Integral Penal Code criminalizes psychological violence and grants victims the right to report it to the relevant authorities. However, the post-denunciation experience shows a revictimizing treatment, where victims are forced to repeat the traumatic events, reliving the aggression and experiencing emotions and anxiety, often resulting in the withdrawal of the denunciation. Victim desertion during the investigation and judicial process is a common situation. This study focuses on analyzing the doctrinal literature, the legal framework, international comparisons, and surveys of judicial servants to understand the causes of victim dropout. Preliminary findings suggest that revictimization during the complaint and judicial process is a key factor, along with deficiencies in the judicial system in terms of victim support and protection. It highlights the need to address revictimization to improve victim support and participation, which requires a review of legal procedures and increased awareness among judicial servers to ensure a fair and empathetic process, thus reducing the attrition rate and promoting justice for those affected by this crime.