84. Therefore, I join the evaluation of the United Nations Special Rapporteur on Violence against Women, Dr. Dubravka, who presented a valuable expert opinion before this Court, and noted that "the existence of a less serious crime that affects adolescents contributes to the impunity of offenders, since evidence suggests that rapists tend to be accused of statutory rape and not rape if they face prosecution", so the classification of "statutory rape" should be abolished in countries where it still exists. Concern about impunity for sexual crimes is especially relevant in the context of Bolivia, which, according to data from the Pan American Health Organization, has the highest rate of sexual violence in Latin America and the second highest in the American Hemisphere. 164 85. Thus, it seems crucial that the State, in addition to adapting its legal system so that the lack of consent is central and constitutive of the crime of "rape", also adapts it in relation to the crime of statutory rape to eliminate it from criminal legislation. 165 d. Partial conclusion 86. Considering the above, an effective remedy in the present case requires the true incorporation of the criterion of consent in Article 308 of the Bolivian Criminal Code, as well as the elimination of the classification of "statutory rape" provided for in Article 309, in order to ensure that all cases of statutory rape are evaluated on the basis of the amended Article 308. These amendments are necessary for the State to comply with its obligations under Articles 5, 11, 8 and 25 of the Convention and especially Article 7(e) of the Convention of Belém do Pará, which establishes the duty of the State to take all appropriate measures, including legislative measures, to modify or abolish existing laws and regulations that support the persistence and tolerance of violence against women. 87. Finally, I note that the effective incorporation of the criterion of consent requires a precise definition of the meaning of consent and in what circumstances its absence should be presumed. This definition should be developed on the basis of international standards on the matter, in particular those included in the Model Law on Rape prepared by the United Nations Special Rapporteur on violence against women. 166 I note with satisfaction the research carried out by the representatives of the victims to prepare their proposal for "Article 308 ter" in the Criminal Code that would define the meaning of consent, providing a solid substratum for the State to adequately adopt this measure of non-repetition of crimes. 88. The proposal defines consent as “agree[ment] by choice and (…) freedom and ability to make that choice,” requiring that “[t]he author's belief and confidence in the recipient's consent must be reasonable” and that “silence cannot be used to infer consent.” It is also defined that minors under 14 years of age do not have the legal capacity to consent to sexual relations and that the absence of consent is presumed if the act is carried out in circumstances that eliminate or limit the person's capacity Cf. Pan-American Health Organization. Violence against women in Latin America and the Caribbean. (2013), p. 9. Available at: https://www.paho.org/hq/dmdocuments/2013/paho-vaw-exec-summ-eng.pdf. Accessed November 29, 2022. According to data from the NGO Equality Now, Bolivia continues to have the highest rate of sexual violence in Latin America. Cf. Equality Now. Sexual Violence Against Adolescent Girls in Bolivia and its Consequences. Available at: https://www.equalitynow.org/sexual_violence_against_adolescent_girls_in_bolivia/. Accessed November 29, 2022. 165 Cf. Judgment, para. 199, 230 (operative paragraphs 13 and 14). 166 Cf. Human Rights Council. A framework for legislation on rape (Model Rape Law): report of the Special Rapporteur on Violence against Women, Its Causes and Consequences. A_HRC_47_26_Add.1-EN (2021). 164 29

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