him to do so."70 Summarizing his testimony in the judgment, the Court added that Eduardo also stated that
"this whole problem was so José Miguel could found another NGO […] called una Brisa de Esperanza [a
breeze of hope].”71
- For her part, Brisa testified without the presence of the accused, but in the presence of his defense
attorney, and accompanied by a psychologist. She said that Eduardo came to do an internship and she "was
very happy that Eduardo was there. Even though he was 10 years older than she was, he was very close to
them." She said that the night her parents traveled, her sisters and a girl cousin of five years old lay down
their parents bed with Eduardo and she "laid between her sisters and him because she wanted to protect
them." She explained that Eduardo hit her when she did not do the things that he wanted. "Sometimes he
punched and kicked her. It was because of that deep gap left by her brothers that she wanted to have him.”
She described the sexual assaults, indicating that "he told her that she should go up to his room to assault
her. He assaulted her" up to seven times in a row. "When Eduardo assaulted her, she said no more and he
laughed and asked if she could become pregnant." Regarding the first time, she stated that it was a month
and a half after he arrived. "It was in her room. She does not remember how he got there, only that he was
on top of her. She told him no, she started to cry, and as soon as he finished abusing her, she told him she
had become pregnant." She stated that "she had confusing feelings. On one hand, she loved him like a
brother, and on the other, he disgusted her." Also "he did not mistreat her during the attacks but rather
afterwards, mistreating the things she loved,” like her cat. He was very aggressive. She said she did not tell
anyone anything to avoid suffering and causing shame to her family. She said when she went to the United
States, "her brothers read her diary and realized what was happening." She said that she went to the United
States because her parents had a number of projects, and that there, she had had "at least 10 psychologists,
and is going to begin with another one next month." She described her activities in universities and the
media, where the message she promotes is that "the best way to seek justice is by breaking the silence,"
and explained that “Centro Una Brisa de Esperanza” (CUBE), is a center for supporting victims of sexual
assault. She said "a campaign has been launched that overall is a movement. It consists of wearing a blue
ribbon, which is a way of saying no more sexual assault."72 She said that one time, after returning to Bolivia,
she snuck into Eduardo's room to take several photos with his girlfriend. She said that when she went to
Cuba, she found a coin that she liked a lot and brought it as a gift for everyone, and that she along with her
sisters gave a shirt to Eduardo for his birthday. She described the reaction of her relatives and the support
for Eduardo, and explained that they had a status to protect. “She knows that there has been a lot of incest
in that family,” and that their social image was important to them. She described Eduardo as kind and
helpful to others, but aggressive and dominant with her. She described the messages between them as
normal, discussing normal things, not like messages between lovers. She also described a card that she
made for Eduardo out of cardboard. Next, she stated that "the first times I had a strong reaction, then later
I reelected less; the first time it happened, the only thing I did was cry. At some point I said I did not want
to.”73 She stated that "after three months, she said she was no longer pregnant and had had a miscarriage.
He did not say anything. He left. During the three months of the pregnancy, they did not have sexual
relations.” She also stated that "she did not see Eduardo being aggressive in any way toward her sisters."74
Summarizing her testimony in its judgment, the Court added that Brisa also stated that "she did not get
pregnant because Clementina had taught her the rhythm method," and that "she leads a movements against
sexual abuse."75
- Also testifying was the psychologist who examined Brisa after the complaint was filed on July 15, 2002,
in Bolivia. She stated that "there was a lot of guilt. At one point she said there had been psychological
violence. She feels responsible in some way because the way in which the person assaulted her has given
rise to feelings of guilt; there is a lot of emotional confusion." Highlighting that the first interview is the
most important, she explained that "what is clear is that she suffered sexual abuse and that it came from a
Testimony of Eduardo Gutiérrez Angulo, Second oral trial, second criminal proceeding A, page 271.
Testimony of Eduardo Gutiérrez Angulo in Judgment No.: 25/2,005, Case No.:301188200300358. Trial Court No. 2, Department of
Cochabamba. September 23, 2005 (“Judgment”). Second oral trial, second criminal proceeding A, pages 273vta-274.
72 Testimony of Brisa Liliana De Angulo Losada, Second oral trial, second criminal proceeding A, page 254vta-255.
73 Testimony of Brisa Liliana De Angulo Losada, Second oral trial, second criminal proceeding A, page 255.
74 Testimony of Brisa Liliana De Angulo Losada, Second oral trial, second criminal proceeding A, page 255vta.
75 Testimony of Brisa de Angulo in judgment. Second oral trial, second criminal proceeding A, pages 274vta-275.
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