could not be inferred, “but in the reliable verification of the existence of violence or intimidation, eliminating at the same time the only evidence that would support said elements (…) In view of the above, it is considered that the application of the reference regulations and their interpretation by the domestic courts resulted in the denial of justice to a girl who was a victim of sexual violence, such as Brisa. 121 64. The classification of rape in Bolivia and its evaluation by Sentencing Courts No. 2 and No. 4 conforms to the traditional model of the formation of sexual crimes in Western countries, which focuses on the existence of a coercive/violent act or a practical impossibility of resistance (such as due to unconsciousness or some mental incapacity). 122 Historically, it was understood that an "honorable" woman would at least attempt to defend her honor, so the crime required physical resistance. 123 This logic was already verifiable in the laws of medieval Europe and was justified by the low degree of sophistication in the evaluation of evidence in trials (in which clear signs of physical resistance or visual or auditory testimony were required) 124 and because the objective of the laws was the protection of moral values - and not the sexual autonomy of the victim. 125 65. It should be noted that the victim's resistance, as a condition of the illegality of the action, does not cover situations, such as the one in the case at hand, that should be considered as rape. According to the summary made by the ECHR of the expertise received in the Case of M.C. v. Bulgaria (2003), very similar to that of Ms. Losada and to which reference is made in the judgment, there are diverse patterns of reaction to sexual violence: The experts stated, with reference to scientific publications in several countries, that two patterns of response by rape victims to their attacker were known: violent physical resistance and “frozen fright” (also known as “traumatic psychological infantilism syndrome”). The latter was explained by the fact that any experience-based model of behaviour was inadequate when the victim was faced with the inevitability of rape. As a result, the victim, terrorised, often adopted a passive-response model of submission, characteristic of childhood, or sought a psychological dissociation from the event, as if it were not happening to her. The experts stated that all the scientific publications they had studied indicated that the “frozen-fright pattern” prevailed. Further, they had conducted their own research for the purposes of their written opinion in the present case. They had analysed all the cases of young women aged 14 to 20 who had contacted two specialised treatment programmes for victims of violence in Bulgaria during the period from 1996 to 2001, declaring that they had been raped. Cases that were too different from that of the applicant had been excluded. As a result, twenty-five cases had been identified, in twenty-four of which the victim had not resisted violently but had reacted with passive submission 126. 66. The resistance required for the criminal offense also makes it difficult to resolve criminal cases for evidentiary reasons, since the judiciary would require, from this perspective, physical proof not only of the inability to resist, but also of the Ibid., para. 153-4 (our highlight). Cf. HÖRNLE, Tatiana. #MeToo – Implications for Criminal Law? Bergen Journal of Criminal Law and Criminal Justice, vol. 6, 2 (2018), p. 124. 123 Ibid., p. 125-6. 124 Cf. KRATZER-CRYLAN, Ceylan. Finalität, Widerstand, “Bescholtenheit”: Zur Revision der Schlüsselbegriffe des § 177 StGB. In: Schriften zum Strafrecht (SR), Band 274. Berlin: Duncker & Humboldt (2015), p. 109; HÖRNLE, Tatiana. #MeToo – Implications for Criminal Law? Bergen Journal of Criminal Law and Criminal Justice, vol. 6, 2 (2018), p. 125. 125 Cf. HÖRNLE, Tatiana. #MeToo – Implications for Criminal Law? Bergen Journal of Criminal Law and Criminal Justice, vol. 6, 2 (2018), p. 125. 126 Cf. ECHR. M.C. v. Bulgaria, no. 39272/98, 2003, para. 70-1. 121 122 21