minimize secondary victimization of the complainant/survivor in proceedings by enacting a definition of sexual assault that either: (i) requires the existence of “unequivocal and voluntary agreement” and requiring proof by the accused of steps taken to ascertain whether the complainant/survivor was consenting; or (ii) requires that the act take place in “coercive circumstances” and includes a broad range of coercive circumstances” 140 72. Furthermore, the ECHR ruled in the Case of M.C. v. Bulgaria (2003), which dealt with the conduct of the State following the complaint by the victim, who was 14 years old at the time, of having been sexually assaulted by two adult men. The investigation carried out by the State concluded that there was insufficient evidence that the victim was forced to have sexual relations, which revealed the inadequacy of the classification of rape in Bulgaria and the lack of diligence of the State authorities in the processing of complaints. See the similarity of the classification of "rape" in Bolivia with its equivalent in Bulgaria at the time of the events (Art. 152.1 of the Criminal Code): “sexual relations with a woman (1) unable to defend herself, where she did not give her consent ; (2) that she was coerced by the use of force or threats; (3) that she was brought to a state of helplessness by the perpetrator.” 141 73. The ECHR began its considerations by emphasizing the positive obligation of States to enact criminal legislation capable of effectively punishing incidences of rape and to enforce such legislation through effective investigation and prosecution. 142 To do this, States must consider the evolution of the modern understanding of the elements that characterize rape, the outline of which was described by the European court: [H]istorically, proof of physical force and physical resistance was required under domestic law and practice in rape cases in a number of countries. The last decades, however, have seen a clear and steady trend in Europe and some other parts of the world towards abandoning formalistic definitions and narrow interpretations of the law in this area (…). it appears that a requirement that the victim must resist physically is no longer present in the statutes of European countries. In common-law countries, in Europe and elsewhere, reference to physical force has been removed from the legislation and/or case-law (…). In most European countries influenced by the continental legal tradition, the definition of rape contains references to the use of violence or threats of violence by the perpetrator. It is significant, however, that in case‑law and legal theory, lack of consent, not force, is seen as the constituent element of the offence of rape (…). The Court also notes that the member States of the Council of Europe, through the Committee of Ministers, have agreed that penalising non-consensual sexual acts, “[including] in cases where the victim does not show signs of resistance”, is necessary for the effective protection of women against violence (…) and have urged the implementation of further reforms in this area. In international criminal law, it has recently been recognised that force is not an element of rape and that taking advantage of coercive circumstances to proceed with sexual acts is also punishable. (…) the development of law and practice in that area reflects the evolution of societies towards effective equality and respect for each individual’s sexual autonomy 143. Cf. UN WOMEN. Handbook for Legislation on Violence against Women. New York, 2012, part 3.4.3.1. Cf. ECHR. M.C. v. Bulgaria, no. 39272/98, 2003, para. 74 (our translation). In the original: “sexual intercourse with a woman (1) incapable of defending herself, where she did not consent; (2) who was compelled by the use of force or threats; (3) who was brought to a state of helplessness by the perpetrator”. 142 Ibid., para. 153. 143 Ibid., para. 156-165. 140 141 24