GUARANTEEING THE RIGHTS OF VICTIMS OF SEXUAL VIOLENCE WITHIN THE FAMILY CONTEXT IN COLOMBIA: A LEGAL AND INSTITUTIONAL ANALYSIS OF LAW 2126 OF 2021 AND THE ROLE OF FAMILY DEFENDERS

Povzetek

Families are the central nucleus of society; however, they face internal violence that affects their functioning and stability, leaving consequences that impact mental, psychological, and physical health. Sexual violence is a crime that has reached unimaginable levels. In 2024, 66,621 cases were reported, and so far in 2025, Colombia’s National Institute of Legal Medicine and Forensic Sciences has recorded 36,436 cases involving children and adolescents. To address this issue, the Congress of the Republic of Colombia enacted Law 2126 of 2021, which introduced significant changes in the responsibilities of authorities regarding the prevention, restoration, protection, and reparation of victims' rights. Its implementation concluded on July 1, 2024. However, the situation continued to escalate uncontrollably throughout 2024 and 2025, surpassing the functional, administrative, operational, and budgetary capacity of the competent authorities. This juridical-dogmatic and descriptive research, using a qualitative approach, analyzes how Family Defenders guarantee the rights of victims of sexual violence in Colombia, contrasting the law with its practical application. It seeks to evaluate the effectiveness of the legislation in addressing systemic gaps and is relevant for various legal and academic stakeholders in the country. The findings reveal that the implementation of the law has been gradual, exceeding the established timeframe. The administrative, political, and financial factors identified over the past three years remain unresolved as of April 2025, generating an institutional crisis that affects victims who are entitled to special constitutional protection and deepening the multicausal obstacles to timely, efficient, and effective access to justice.