14. The account of the alleged victim and a psychological report indicate that between October 2001 and May 2002, taking advantage of the trust that the family placed in him and Brisa’s fraternal affection toward him, Eduardo Gutiérrez Angulo had sexual relations with his adolescent cousin on multiple occasions. 5 During a trip to the United States in May 2002, Brisa's older brothers read her diary and discovered what was happening. She tried to commit suicide when her parents found out.6 15. On July 24 and 25, 2002, Brisa was taken by her mother in the United States to seek medical care for sexual abuse. The doctor who conducted the forensic examination indicated that the appointment was because Brisa "was having sexual relations with a 26-year-old man [...] She did not wish to talk about it much today and was depressed. She was seduced into this situation for an extensive period of time […] She was confused and very frustrated. Her parents were very upset and depressed." From the general examination, the professional confirmed that Brisa was "well-nourished, well-developed, with no signs of severe decline." With regard to the gynecological exam, she found "no discharge, no injuries, Hymen not intact," concluding that she was a "16year-old woman who had experienced sexual abuse."7 The psychologist who examined her, who said she had "20 years of experience basically in sexual abuse and its treatment," indicated that, based on Brisa's statements, the relationship was one of "a minor being seduced by an adult man with the purpose of exploiting her sexually. Eduardo developed a relationship with Brisa based on trust, family connections, and service to God, and used these things to exploit Brisa sexually and manipulate her, making her believe that she had done something wrong." She also stated that Brisa had a "high risk of mental health [problems] […] Especially if she does not receive the appropriate support or if the response of the legal system is to in some way accuse the victim rather than recognize a crime.”8 16. On July 15, 2002, Brisa's father reported to the Cochabamba office of “Defensa de Niñas y Niños Internacional” that his daughter had been the victim of rape and sexual abuse.9 On August 1, 2002, Brisa's father made his complaint before the competent judicial authorities,10 which triggered the three criminal proceedings that are described hereinafter. B. Domestic proceedings 17. The documents provided by the parties include copies of three criminal processes brought against Eduardo Gutiérrez Angulo for the above-described facts. These case files include, among other, the following steps and evidence: 1. First criminal proceeding a. Forensic medical report of July 31, 2002, indicating that Brisa had an old tear in her hymen at five o'clock.11 According to the alleged victim’s description, that exam was a repulsive and traumatic experience. Five medical students accompanied the examining doctor—a man—who ordered Brisa to take off her clothes, Psychological report, Sandra Muñoz, psychologist, Defensa de Niños y Niñas Internacional, Bolivia office, August 7, 2002. Document attached to the comments on the merits of Bolivia, May 11, 2018, Annex 5 – evidence provided by the Office of the Public Prosecutor, page 6; Statement of Brisa Liliana De Angulo, December 9, 2011, document attached to the petition before the IACHR of January 20, 2012, Annex 1, pgs. 2-7. 6 Statement of Brisa Liliana De Angulo, December 9, 2011, document attached to the petition before the IACHR of January 20, 2012, Annex 1, pg. 7. 7 Report of Lourdes de Armas, M.D., June 25, 2002. Document attached to the comments on the merits of Bolivia, May 11, 2018, Annex 5 – evidence provided by the Office of the Public Prosecutor, pages 46-51. 8 Report of Terri S. Gilsson, LP.C., August 8, 2002. Document attached to the comments on the merits of Bolivia, May 11, 2018, Annex 5 – evidence provided by the Office of the Public Prosecutor, pages 32-39. 9 Psychological report, Sandra Muñoz, psychologist, Defensa de Niños y Niñas Internacional, Bolivia office, August 7, 2002. Document attached to the comments on the merits of Bolivia, May 11, 2018, Annex 5 – evidence provided by the Office of the Public Prosecutor, page 6. 10 National Police, Technical Judicial Police, Bolivia, Information and Reporting Form and ONAMFA Request Form, both dated August 1, 2002. Document attached to the comments on the merits of Bolivia, May 11, 2018, Annex 1 – criminal process pursued by the Office of the Public Prosecutor and private prosecution of José Miguel de Angulo, Luz Stella Losada de Angulo, and Brisa Liliana de Angulo Losada against Eduardo Gutiérrez Angulo for the crime of aggravated rape (“first criminal proceeding"), pages 4-5vta. 11 Report of Dr. Miriam Rocabando Carvajar, forensic doctor, Office of the Public Prosecutor, Cochabamba, Bolivia, July 31, 2002. First criminal proceeding, page 2. 5 4