excessive exercise of state ius puniendi 102 Thus, it carefully weighs the nuances and peculiarities of each case so that its zeal in the fight against impunity does not come to the detriment of its rigidity in the protection and guarantee of the human rights of the accused, which includes respect for its procedural guarantees. The Court must continue to establish, in a clear and justified manner, the strict cases in which the State must resort to criminal proceedings to repair and prevent violations of human rights, as well as which behaviors do not require the mobilization of the criminal apparatus. Alternatives to Criminal Law must also be sought that are capable of effectively achieving the objectives the measure seeks to pursue. In this specific case, without ignoring its absolute exceptionality, I understand that the mobilization of criminal law is necessary as a measure of reparation, which is why I will present the reforms that I consider necessary in the domestic legal system to achieve this objective. III. On the necessary modification of the offense of “rape” to effectively incorporate the criterion of consent 50. As previously described (supra, para. 7), Ms. Losada was the victim of several sexual assaults between 2001 and 2002, without the State having managed, more than 20 years later, to guarantee her right to justice. The analysis of the judicial procedures that followed the accusation of the attacks revealed that the disputes over the interpretation of the terms "rape" and "statutory rape" in the Criminal Code contributed significantly to the fact that the State has not issued any resolution of res judicata. 51. In this context, this Court analyzed the importance of the standard of consent in the classification of sexual crimes to guarantee victims' access to justice. 103 After mapping the international standards on the matter, the Court went on to examine the conformity of the crimes of rape and statutory rape, provided for in the Bolivian legal system, with the American Convention, in light of the international corpus juris on the matter, and the impact of the offense classifications on the victim's access to justice. 104 Finally, the Court expressed its agreement with the various international organizations that consider that “the criminal regulatory provisions related to sexual violence must contain the concept of consent as their central axis” and that, for their configuration, “[it is enough] that it is demonstrated, by any suitable means of proof, that the victim did not consent to the sexual act” (or that the circumstances invalidate any expression of consent). 105 The Court also assessed that the offense of “statutory rape” “is based on traditions and gender stereotypes, does not identify the particular conditions of vulnerability of the victim, conceals power relations and creates a hierarchy between sexual crimes that diminishes, naturalizes, and renders invisible the seriousness ”of sexual violence against children and adolescents”, and is an obstacle for “basing all forms of sexual violence against adolescents and minors on lack of consent”. 106 52. Based on these findings, the Court ordered the State to adjust “its domestic legal system in such a way that voluntary consent is central and constitutive of the crime of rape” (considering the coercive circumstances that annul consent) and eliminate Cf. Case of Fermín Ramírez v. Guatemala. Preliminary Objections, Merits, Reparations and Costs. Judgment of June 20, 2005. Series C No. 126, para.98. 103 Cf. Judgment, para.134 – 156. 104 Ibid., para. 134-156. 105 Ibid., para. 145. 106 Ibid., párr. 199. 102 17