I.
The case being tried
6. Ms. Losada is a Bolivian citizen born in 1985 and who, at the time of the initial events
of this case, lived in Cochabamba, Bolivia. 15 In August 2001, when the victim was
about to turn 16, E.G.A, her 26-year-old cousin, came from Colombia (his country of
nationality) to live temporarily with her family. 16 Taking into account that Ms.
Losada's older brothers had recently moved to the United States, E.G.A would have
quickly occupied this "space of affection and trust." 17.
7. In October 2001, as set forth in the judgment (para. 33-37) and included in the
Commission's Merits Report, 18 in the Brief with Pleadings, Motions and Evidence, 19 in
the written statement of Ms. Losada 20 and in her participation at the public hearing
held on March 29 and 30, 2022, E.G.A began a series of sexual assaults on the victim
that lasted approximately 8 months. I note that there is no controversy in the
testimonies and evidence verified by the Bolivian authorities regarding the
occurrence of repeated sexual relations between Ms. Losada and her cousin, with the
disagreement, at the domestic level, essentially based on E.G.A's conduct being
subsumed in the description of a criminal offense. The sexual relations developed in
secret, and E.G.A used pressure and psychological violence, as well as threats to Ms.
Losada and her younger sisters, to guarantee her silence. 21 The consequences of the
recurring violence that the victim suffered were palpable: over time, she stopped
eating, cried daily and vomited a lot. 22
8. Realizing the suffering Ms. Losada was going through - but not knowing the cause her parents decided to take her on a trip to the United States for a brother's
graduation in May 2002. 23 The discovery of the violence exercised to the detriment
of Ms. Losada occurred by chance. The family did not discover what was happening
until one of her brothers read passages from her private diary. As soon as she learned
that her parents had discovered the violence perpetrated by her cousin, the victim
attempted suicide. 24 After receiving specialized medical and psychological care, it
was found that Ms. Losada suffered from depression and was not willing to talk about
what was happening. Furthermore, in a gynecological examination, it was found that
Ms. Losada was in a state of having suffered sexual abuse. 25 The psychologist
consulted, in turn, confirmed the existence of sexual exploitation, manipulation and
high risk of mental health problems. 26 It is worth highlighting the important warning
made by the professional that the risk of mental health problems would be
exacerbated if she did not receive adequate help or if the response of the judicial
system somehow accused the victim instead of acknowledging a crime. 27
Ibid., para. 33.
Ibid.
17
Ibid.; Brief with Pleadings, Motions and Evidence of November 20, 2020.
18
Cf. ICHR. Report on Merits. 141/19, Angulo Losada v. Bolivia. November 28, 2019.
19
Cf. Brief of Pleadings, Motions and Evidence of November 20, 2020.
20
Cf. Information Statement of Brisa De Angulo Losada, August 1, 2002 (Evidence File, fl. 1064).
21
Cf. Judgment, para. 35.
22
Ibid., para. 36.
23
Ibid., para. 46.
24
Cf. Brief of Requests, Arguments and Evidence of November 20, 2020; Informative statement of Brisa de
Angulo Losada of August 1, 2002 (evidence file, fl. 1064).
25
Cf. Judgment, para. 46; Certificate of Terri S. Gilsson, LP.C., dated August 8, 2002 (evidence file, fl. 7860).
26
Cf. Judgment, para. 46; certificate from Lourdes de Armas, M.D., dated July 25, 2002 (evidence file, fl.
7853).
27
Ibid.
15
16
3