La violencia sexual desde la perspectiva de género. Apuntes para una reforma penal en Cuba

Abstract

The updating of the economic model and the legal system in Cuba, after the recent approval of the Constitution of the Republic of 2019, requires the consequent insertion of a gender perspective in the legal spaces where the actors of the Law play a significant role. In this regard, this study aims to assess the legal regulation of the types of sexual violence provided for in the Cuban Criminal Code, as guidelines for legal reform based on an adequate gender perspective. For this, scientific methods such as theoretical-legal, exegetic-analytical, legal comparison and documentary review were used. Its use allowed to identify two essential problems: the absence of emerging figures of social practice (feminicide, homophobia, transphobia and cyberbullying), and the insufficient and discriminatory regulation of crimes already foreseen (rape, pedophilia with violence, lascivious abuse and trafficking in persons). A legal comparison was also made of the criminal offenses regulated in Spain, Argentina, Bolivia, Venezuela and Peru, whose references allowed visualizing the challenges and perspectives in the context of legislative reform in which Cuba is immersed, for a correct configuration of the gender approach in the Cuban legal system.