Violencia sexual contra la mujer como delito cometido con ocasión del conflicto armado colombiano

Abstract

Sexual violence against women, in the context of the Colombian armed conflict, has been the subject of debate in the field of constitutional law. In fact, it has been the Constitutional Court that has given legal support to the demands of the female population victim of this scourge. In pronouncements dating from 2005 (with the promulgation of the Justice and Peace Law) until 2018 (with the approval of the Statutory Law of the JEP) the corporation has referred both to the essential definitions and to the jurisdiction of courts Ad hoc in the prosecution of sexual crimes. In the present article a jurisprudential analysis of sexual crimes against women in the framework of armed conflict taking into account the special condition of these people in war, the particular characteristics of the Colombian conflict and teleology and the components of transitional justice is developed.