2. 3. When the offended party is deprived of reason or consciousness, or when, due to illness or for any other reason, the victim cannot resist; and When violence, threats, or intimidation are used. 29. The punishments established for this crime were aggravated when the perpetrator had power over the victim and were committed by public officials “who have abused their offices to commit them.”6 C. Paola del Rosario Guzmán Albarracín, her possible pregnancy, and her death 30. Paolo was born on December 10, 1986, in Guayaquil and was the daughter of Petita Albarracín and Máximo Enrique Guzmán Bustos. Starting at the age of 12, she attended the Martínez Serrano School, located in that city. The school is public and directed by the Ministry of Education of the Republic of Ecuador. Paolo lived with her mother, her grandmother, and her younger sister, Denisse Guzmán Albarracín. 7 This information was not challenged by the State. 31. According to Paola's mother, in 2001, when she was 14 years old and in her second year at the school, she began having problems with certain subjects, and the vice principal offered to pass her on to the next year. According to the statement of Vilma Esperanza Olaya Soria, Paola's cousin in law, Paola told her that she did not have the scores to move to the next grade but that "she was going to see how she could handle it, that we shouldn't worry, that she had a godfather at the school;" she also stated that she went with Ms. Petita to speak to Mr. Bolívar Espín regarding this, and when Paola arrived he told her “but I already talked with you, right princess?”; she added that Paola told her that he always treated her like that, affectionately.8 During the public hearing before the IACHR, Ms. Petita stated that she saw a change in Paola around October 2001. She stated the following: "she was not the same Paola who would come home from school to tell me things, she wasn't happy the same way."9 32. The petitioner stated that on December 11, 2002, the inspector for Paola's grade summoned the mother to appear at the school the next day.10 On December 12, 2002, at the age of 16, Paola swallowed white phosphorous pellets at home, then went to school. On the way, she told her classmates what she had done, and when she arrived at school, they took her to the infirmary. According to statements from her classmates, they called Paola's mother, who arrived at the school 30 minutes later and took her in a taxi to Hospital Luis Vernaza, where they pumped her stomach. When she did not improve, they took her to the Clínica Kennedy. Paola died in the early morning hours of December 13, 2002, at the Clínica Kennedy in the city of Guayaquil, as a result of poisoning by white phosphorus that she swallowed voluntarily.11 33. Based on an autopsy conducted by forensic doctors of the National Police of Guayas, the death certificate stated that the cause of death was “acute edema of the lungs and hemorrhagic pancreatitis.”12 Later, in Autopsy No. 931, of December 13, 2002, the forensic doctor concluded: [...] Cadaver, female sex, mixed-race, 16 years of age, 157 cm tall, died within the last 4 to 5 hours approximately, victim of: ACUTE PULMONARY EDEMA. Which caused her death.13 34. Regarding the uterus, the forensic doctor stated: “cyanotic uterus measuring 7 cm in length, 5 cm across, and 2 1/2 cm deep, upon opening the uterine cavity, a moderate amount of bloody material is observed, ovaries with cysts, some of them bloody....”14 6Article 515, Criminal Code of 1971. Attachment 1. Communication from the petitioner of October 14, 2014, and hearing of October 19, 2015. 8 Attachment 2. Statement of Vilma Esperanza Olaya Soria, March 20, 2003. Attached to the communication of the petitioner, October 14, 2014. 9 Public hearing held on October 19, 2015, before the IACHR. 10 Attachment 1. Communication of the petitioner of October 14, 2014. 11 Attachment 3. Medical record. Attachment to initial petition. 12 Attachment 4. Death certificate. Attachment to initial petition. 13 Attachment 5. Autopsy Report No. 931 of December 13, 2002. Attachment to initial petition. 14 Attachment 5. Autopsy Report No. 931 of December 13, 2002. Attachment to initial petition. 7