h. Record of a hearing on a request for precautionary measure, dated August 8, 2002, held before the Preliminary Investigation Court of Tiquipaya, in which the court ordered the accused placed in pretrial detention in the public jail in Quillacollo, as the corresponding legal requirements were met, specifically, that "the victim was forced through psychological manipulation to have sex with the accused," who was of Colombia nationality and his domicile was in the victim’s domicile, and therefore there was a risk of flight;20 i. Records of hearing on an application for a precautionary measure in lieu of detention, dated August 31, 2002, which indicates that, taking into account the submission of a lease agreement and labor contract by the suspect, the Court found that "one of the requirements set forth for pretrial detention—the risk of flight—is no longer present," and decided to end the pretrial detention, applying other precautionary measures to ensure that the accused was present during the trial proceedings, including prohibiting him from leaving the country and the department of Cochabamba or communicating with the victim and her family.21 That resolution was appealed,22 and the appeal was granted23 on September 3, 2002. j. Record of hearing on ending pretrial detention, dated October 23, 2002, indicating that the request was rejected.24 This resolution was later overturned on appeal in November 1, 2002, based on the "principle that everyone has the right to defend themselves in freedom." Consequently, the pretrial detention was replaced with precautionary measures requiring the accused to present himself weekly to the Prosecutor investigating the case,25 banning him from leaving the department and the country (arraigo), and requiring payment of a bond.26 The suspect was finally released on November 15, 2002;27 k. On November 5, 2002, the Office of the Public Prosecutor filed formal charges against Eduardo Gutiérrez Angulo for the crime of rape, under articles 308 and 310, subparagraph 1 and 2 of the Criminal Code.28 Likewise, on November 15, 2002, Brisa and her parents brought a private prosecution for the crime of aggravated rape, as defined in articles 308 and 310, subparagraph 1, 2, 4, and 7 of the Criminal Code;29 l. In a resolution dated March 13, 2003, in consideration of the fact that Brisa had been offered as a witness by both, the prosecution and the defense, the Court ordered her testimony to be taken in private, with support from family members or a psychologist.30 Also, in a resolution dated March 14, 2003, in view of the nature of the crime in question, the age of the victim, the family relationship between them, and to protect Brisa's identity and dignity, all the proceedings of the oral trial were ordered to be kept confidential;31 m. According to the corresponding record,32 the oral trial took place between March 17 and 25, 2003. At the start of the trial, the Office of the Public Prosecutor indicated that the charges were not for the crime of estupro, as there was no seduction or trickery, but rather intimidation, which "nullifies the freedom to act and individual will, making people incapable […] of resisting the attack," for which reason there was no consent.33 In their final statement, the defense attorneys indicated that "the intimidation must be real and Record of a hearing on a request for precautionary measure, Preliminary Investigation Court of Tiquipaya, August 8, 2002. First criminal proceeding, pages 19-20. 21 Record of a hearing on a request for measures in lieu of detention, Preliminary Investigation Court of Tiquipaya, August 31, 2002. First criminal proceeding, pages 24-25. 22 Appeal filed by the representative of the Office of the Public Prosecutor. First criminal proceeding, pages 26-26vta; and appeal filed by Luz Stella Losada de Angulo. First criminal proceeding, pages 32vta-33vta. 23 Resolution of the Preliminary Inquiry Court of Tiquipaya, September 3, 2002. First criminal proceeding, page 27. 24 Resolution of the Preliminary Inquiry Court of Tiquipaya, October 23, 2002. First criminal proceeding, pages 36-37. 25 On February 3, 2003, the location for complying with this precautionary measure was changed because the case would no longer be processed before the Trial Court of Quillacollo but before Trial Court No. 4 of Cochabamba. First criminal proceeding, pages 140-140vta. 26 Record of hearing of precautionary measure and ruling on appeal, Second Superior Criminal Court of Justice, November 1, 2002. First criminal proceeding, pages 39-40vta. 27 Order of release, November 15, 2002. First criminal proceeding, page 70. 28 Record of formal charges, November 5, 2002. First criminal proceeding, pages 41-44. 29 Brief of private prosecution, November 15, 2002. First criminal proceeding, pages 78-80vta. 30 Resolution of Trial Court No. 4, Cochabamba, Bolivia, March 12, 2003, pages 173vta. 31 Resolution of Trial Court No. 4, Cochabamba, Bolivia, March 12, 2003. First criminal proceeding, page 184vta. 32 Record of oral trial hearing, Trial Court 4, Cochabamba, Bolivia ("first oral trial”). First criminal proceeding, pages 223-244. 33 First oral trial. First criminal proceeding, page 223vta-224. 20 6