Active subject in the victims of the crime of rape

When introducing a concept like "crime" into society, it is common to visualize how the relationship develops between two individuals who fulfill very clear roles within a harmful dynamic that rejects everything that has been constructed in the justice system. On the one hand, the active subject, who in this case is the sexual aggressor and who commits the act of sexually assaulting another person under his own control and force, and the passive subject, who is present as the victim of the assault, who is impacted by its consequences and whose human rights are undermined, from the development of his autonomy to his personal safety and physical and psychological integrity. Thus, the criminal actions of one of them have a destructive impact on the life of another by preventing their most fundamental rights from being fulfilled in accordance with the law. At the same time, they are indicative of a high rate of insecurity, measured by the repetition of the crime and the increase in victims in general.

With this in mind, this research does not seek to position itself between these two figures, which are common in the Peruvian criminal justice system, but rather, seeks to establish a perspective that arises from the thoughts and actions of the aggressor, who is influenced by various risk factors that, given the lack of means or tools for control, cause his criminal awakening. This leads to questioning how safe or prepared the national system is to treat these subjects from a preventive perspective, and whether it is possible for its specialized entities to provide a culture capable of distinguishing between the individual's need to protect themselves from an aggressor or, as is intended, "to prevent the potential sexual aggressor from attacking." In this way, this study seeks to demystify the misinformation that prevails on the side of the aggressor and, in turn, present the treatment offered by the Peruvian legal panorama, seeking a relationship between attempts to deter crime and its connection with possible recidivism or the definitive deterrence that is sought to ensure in the future.