9. In July 2002, upon her return to Bolivia, Ms. Losada filed a complaint against E.G.A before the Technical Judicial Police. 28 The internal procedures that followed the accusation were detailed in the judgment (para. 48-76), so it is worth highlighting specific events. As was done in the judgment, I will organize my considerations by grouping the judicial proceedings into three groups (from 2003 to 2005, from 2005 to 2007 and from 2007 to date). 10. The first series of judicial proceedings (2003-2005) was marked from the beginning by the dispute over whether the criminal offense that should be applied to E.G.A was "rape" or "statutory rape." The Public Prosecutor’s Office accused E.G.A before the Sentencing Court No. 4 of Cochabamba for the crime of aggravated "rape", 29 criminalised in Article 308 of the Criminal Code: Art. 308. Whoever, using physical violence or intimidation, has sexual intercourse with a person of either sex; anal or vaginal penetration or introducing objects for libidinous purposes, will incur imprisonment from five (5) to fifteen (15) years. (…) 11. The aggravating circumstances 30 presented by the accusation were paragraphs 1, 2, 3 and 7 of article 310 of the Bolivian Penal Code in force until the date of the events: (1) If as a result of the violation any of the circumstances provided for in Arts. 270 and 271 of the Criminal Code [which deal with minor, serious and very serious injury]. (2) The victim suffers serious trauma or psychological damage. (3) If the author was an ancestor, descendant or relative within the fourth degree of consanguinity or second degree of affinity. (…) (7) If the perpetrator had subjected the victim to humiliating or degrading conditions. (…) 12. On handing down the sentence on March 28, 2003, the Sentencing Court No. 4 of Cochabamba convicted the accused of the crime of "statutory rape" (Art. 309 of the Criminal Code) aggravated only by the concurrence of incest, 31 and established a custodial sentence of 7 years. 32 To justify the subsumption of the facts to an article other than that required in the indictment, the Court applied the iura novit curia principle and reasoned that "it has not been convincingly demonstrated that the elements of physical violence or intimidation have occurred" 33, although elements of psychological manipulation and seduction have been identified, typical figures of the crime of "statutory rape". At that time, the crime of "statutory rape" in article 309 of the Penal Code was described in the following terms: Cf. Judgment, para. 47. Ibid., para. 58; Judgment issued by the Sentencing Court No. 4 of Cochabamba on March 28, 2003 (evidence file, fls. 7667,7668,7673), p. 1. 30 It is worth clarifying that the term "aggravating" in Bolivian legislation is equivalent to the term "qualifying" in Portuguese. In Portuguese, the term "aggravating" describes the factors that increase the calculation of the penalty to be applied in a conviction that are considered in the second phase of the calculation of the sentence and are reflected in a generic legal provision that can be applied to various types of crimes. 31 The other aggravating circumstances were rejected due to lack of evidence and due to the application of the in dubio pro reo principle. 32 Cf. Judgment, para. 61; Judgment issued by the Sentencing Court No. 4 of Cochabamba on March 28, 2003 (evidence file, fls. 7667,7668,7673), p. 11. 33 The fact that the court identified Ms. Losada as a "strong personality" made it inconceivable that she had been intimidated by E.G.A to have sexual relations, which were a product of the seduction and deception typical of the crime of statutory rape. In this context, they recognize Brisa's position of vulnerability and that there is asymmetry of power in the relationship, which invalidates consent as provided for in the offense of "statutory rape". 28 29 4