101. Thus, incestuous rape is marked by specificities that distinguish it from other forms of rape and that require specialized treatment by the State in its legislation, which will be examined below. c. Evaluation of the classification of incestuous sexual violence in Bolivia and the need for its classification as an autonomous offense 102. Despite the importance of considering the above elements when classifying incestuous rape, as Dr. Radhika Coomaraswamy points out, “[i]n many parts of the world incest is culturally tolerated and in many countries’ criminal code it is not listed as a crime.” 197 This is not the case of Bolivia, where the Penal Code considers sexual crimes when the perpetrator “was an ancestor, descendant or relative within the fourth degree of consanguinity or second degree of affinity” or “is in charge of the education or custody of the victim, or if the victim is in a situation of dependence on or under their authority." Article 310 is therefore compatible with the UN Model Law on Rape, which requires that criminal laws on rape include incest 198 – without specifying whether in the form of an aggravating circumstance or an autonomous offense. 103. In this case the Court had the opportunity to rely on the evaluation of the drafter of the Model Law on the classification of sexual crimes in Bolivia. In an expert report submitted to this Court, Dr. Dubravka stated that she does not agree that incest necessarily has to be classified as autonomous in the country and can be addressed as an aggravating circumstance. 199 The expert noted that, in her capacity as Special Rapporteur, she had recommended that States include among the circumstances that aggravate sexual crimes, among others, situations in which the perpetrator is or has been the spouse or partner of the victim or is related to her, or has abused his or her power or authority over the victim. 200 Thus, the expert considers that Article 310 of the Bolivian Criminal Code, by establishing that the incestuous nature of the crime is an aggravating circumstance that increases the prison sentence by 5 years, is appropriate. 201 104. To evaluate the need for an autonomous classification of incestuous rape, I consider it essential to return to the case of Albán Cornejo et al. v. Ecuador (2007) discussed above (para. 26-28), in which the victim's representatives demanded the autonomous classification of the crime of medical malpractice. The Court considered the autonomous classification unnecessary, given the sufficiency of its subsumption in the existing crimes of injury or homicide 202 and the absence of international agreements that require a separate classification, differentiating the case from its decisions on forced disappearance. The Court has also established the parameters to 197 Cf. Human Rights Commission. Report of the Special Rapporteur on violence against women, its causes and consequences, Ms. Radhika Coomaraswamy, submitted in accordance with Commission on Human Rights resolution 1995/85. E/CN.4/1996/53 (1996), para. 66-72. 198 Cf. HUMAN RIGHTS COUNCIL. A framework for legislation on rape (Model Rape Law): report of the Special Rapporteur on Violence against Women, Its Causes and Consequences. A_HRC_47_26_Add.1-EN (2021), para. 15. 199 Cf. Expert testimony of Dubravka Šimonović (evidence file, fl. 11495). 200 Cf. Human Rights Council. A framework for legislation on rape (Model Rape Law): report of the Special Rapporteur on Violence against Women, Its Causes and Consequences. A_HRC_47_26_Add.1-EN (2021). 201 Cf. Expert testimony of Dubravka Šimonović (evidence file, fl. 11495). 202 Cf. Case of Albán Cornejo et al. v. Ecuador. Merits, Reparations and Costs. Judgment of November 22, 2007. Series C No. 171, para. 136. 35