suspect submitted a certification from the Provincial Office of Education of Guayas indicating that he had never been sanctioned during his career.56 65. During this same process, on October 13, 2003, Ms. Albarracín formally launched a private prosecution. In her brief, she gave her version of the facts, emphasizing that Paolo swallowed the white phosphorus pellets because of psychological pressure from Bolívar Espín to have sexual relations with him, resulting in a pregnancy that he pressured her to end. She also based her accusation on the testimony collected during the process, on the document expert report, and on the audio and video recordings from news channels UNO and TELEAMAZONAZ “in which the students […] stated publicly that a true circle of corruption had been established inside the Martínez Serrano School that caused psychological harm to the underage students.” It also included a statement made by Juan Montenegro, the chief doctor of the Forensics Department of the National Police, to the program “Archivos del Destino” in which he stated "it cannot at this time be determined if she is pregnant, but there is a significant possibility of it due to the presence of blood in the uterus” even though she was not menstruating. Thus, she brought a private prosecution against Bolívar Espín for sexual harassment, rape, and instigation to suicide.57 66. On November 10, 2003, Ms. Petita filed a motion of recusal against the Twentieth Criminal Judge of Guayas for having taken triple the time allowed to resolve, prove, or dismiss the process. 58 On November 14, 2003, the criminal proceeding was assigned to the Fifth Criminal Court.59 67. On December 16, 2003, the High Court of Justice of Guayaquil ordered Bolívar Espín placed in pretrial detention.60 On January 5, 2004, the Fifth Criminal Judge ordered that he be located, captured, and transported to the Men's Social Rehabilitation Center.61 68. On April 13, 2004, a preliminary hearing was scheduled for April 27, 2004. The hearing was postponed due to a lack of clarity on the judge in charge of the proceeding. An official letter issued on May 4, 2004, by the Fifth Criminal Judge, states that the Twentieth Criminal Judge was definitively removed from the case as a result of the judgment handed down in the recusal proceeding. The official letter schedules a preliminary hearing for May 13, 2004. However, the hearing was not held until August 20, 2004. 69. On August 23, 2004, an order was issued to initiate the sexual harassment trial. An arrest warrant was once again issued, ordering the Judicial Police to capture the suspect, and the order to initiate the trial was suspended until the arrest warrant could be executed.62 70. On September 2, 2005, the High Court of Justice of Guayaquil dismissed the remedy sought by the accused and upheld the order to initiate the trial, changing the charge to aggravated statutory rape. Among the Court’s rationale for why sexual harassment was not the appropriate charge, the following stands out: It is self-evident that the elements of the crime alleged are not present [...] Bolívar Espín did not pursue Paola Guzmán. Rather, she sought favors from him as an educator. [...] Based on the statement of the deceased’s classmate, Jennifer Morante y […] Vanesa Troncoso, starting in mid-2001, because Paola del Rosario Guzmán Albarracín “was failing that year in a subject, she went to ask the accused, Bolívar Eduardo Espín Zurita, for help, which he offered in exchange for romantic relations.” This was the reason for the seduction, amply demonstrated by the letters written by Paola [...]. She thus granted Espín her consent to have sexual relations. [...] The conduct of the accused is consistent with the criminal offense defined in articles 509 and 510 of the Criminal Code, as the circumstances described therein do include seduction, Attachment 34. Certificate presented in a brief dated October 6, 2003, by the attorney of Mr. Bolívar Eduardo Espín Zurita before the Criminal Prosecutor. Attached to initial petition. 57 Attachment 35. Complaint of Ms. Petita Paulina Albarracín Albán of October 10, 2003. Attachment to initial petition. 58 Attachment 36. Motion of recusal. Attached to the communication of the petitioner, October 14, 2014. 59 Attachment 37. Assignation of process by the Judicial Case Receipt and Assignation Office. Attached to initial petition. 60 Attachment 38. Official Letter No. 1034-MFD-G August 22, 2003. Attached to Note from the State No. 4-2-248/07 of November 27, 2007. 61 Attachment 39. Official Letter No. 011-J-20PG. Attached to the communication of the petitioner, October 14, 2014. 62 Attachment 40. Resolution of the Twentieth Criminal Court of Guayas of August 23, 2004. Attachment to initial petition. 56