The Private Prosecution: An Ineffective and Re-victimizing Procedural Figure

Abstract

The Ecuadorian Comprehensive Organic Criminal Code grants victims the right to file a private accusation, a procedural mechanism governed by a series of rules for its approval and processing. This legal institution imposes several requirements that compel the victim to actively participate in the judicial process or restrict the exercise of certain rights if the accusation is not filed. This study aimed to analyze whether the private accusation constitutes an appropriate procedural tool and whether its application causes harm in cases of sexual and gender-based violence, using a conceptual framework of secondary revictimization and a gender perspective. The findings reveal that, at present, it is an ineffective procedural mechanism. By recognizing the victim as a procedural subject, it infringes upon their right to avoid revictimization, requiring their presence at the trial hearing and exposing them again to the retraumatization of hearing harmful events that affected their integrity. Furthermore, it prevents the possibility of submitting an abstention ruling for review when no private accusation has been filed, thereby limiting access to an efficient justice system.