which is absolutely demonstrated, to achieve consent and carnal knowledge with an honest woman.63 71. October 5, 2005, the Fifth Criminal Judge of Guayas suspended the preceding until the accused appeared or could be captured.64 On September 18, 2008, the action was declared proscribed at the request of the defense.65 All measures against the accused were dropped.66 2. Civil proceeding for nonpecuniary damages 72. On October 13, 2003, Petita Albarracín filed a civil suit against Bolívar Espín for “nonpecuniary damages resulting from the instigation to suicide that this individual is responsible for against my underage daughter after he forced her to have sexual relations, impregnated her, and forced her to have an abortion." Ms. Albarracín said the suit for nonpecuniary damages did not require exhaustion of the criminal proceeding that was underway.67 73. On November 26, 2003, the Twenty-third Civil Court of Guayaquil (hereinafter “the Twentythird Court”) admitted the suit and ordered the defendant be served notice that he had 15 days to file preemptory motions or motions to extend that time period. 68 On February 3, 2003, the Citations Office informed the Court that it could not serve the defendant because he had not attended work for several weeks.69 74. On January 21 and February 4, 2004, Ms. Albarracín asked that the parties be called before a Settlement Board.70 In March, an attempt was made to serve Mr. Bolívar Espín at his home, and the information was left with other individuals. 71 Through his representative, on April 15, 2004, Bolívar Espín filed his response, pleading, among other things, that the civil suit could not proceed before the criminal trial was concluded.72 On May 6, 2004, the settlement hearing was conducted without the presence of the defendant.73 75. After conducting the evidence collection requested by Ms. Albarracín, on July 16, 2004, the Twenty-third Judge scheduled the defendant and the plaintiff to appear on July 23 for the confession. As Mr. Espín did not appear that day, the judge rescheduled it for September 6, 2004. After Ms. Albarracín filed multiple briefs, finally, on September 14,74 2004, the Judge found the defendant to have confessed.75 76. In November and December 2004, Ms. Albarracín asked the judge on multiple occasions to issue a judgment,76 and on January 28, 2005, the judge in charge was recused due to the delay in issuing a judgment.77 On June 7, 2005, the Twenty-third Judge issued a judgment ordering the defendant to compensate the plaintiff for the nonpecuniary damages caused in the amount of US$25,000.78 Both parties appealed this decision, and on June 19, 2006, the case was brought before the High Court of Justice of Guayaquil.79 Both the State and the petitioner reported that in July 2012, the Twenty-third Court declared the case abandoned and ordered it closed. Attachment 41. Resolution of appeal, Superior Court of Justice of Guayaquil, September 2, 2005. Attachment to initial petition. Attachment 42. Resolution of October 5, 2005. Attached to the communication of the petitioner, October 14, 2014. 65 Attachment 43. Decree of prescription of the criminal action. Attached to the communication of the petitioner, October 14, 2014. 66 Attachment 44. Official Letter No. 17003-J-20PG of November 18, 2008. Attached to the communication of the petitioner, October 14, 2014. 67 Attachment 45. Civil suit. Attachment to initial petition. 68 Attachment 46. Resolution of the Twenty-third Civil Court of Guayaquil of November 26, 2003. Attached to initial petition. 69 Attachment 47. Official letter from the Office of Citations of the Judicial District of Guayas of February 3, 2004. Attached to initial petition. 70 Attachment 48. Briefs from Ms. Albarracín of January 21 and February 4, 2004, filed with the Twenty-third Civil Court of Guayaquil. Attached to initial petition. 71 Attachment 49. Official letter of the Citations Office of the Judicial District of Guayas of April 1, 2004. Attached to initial petition. 72 Attachment 50. Response to the suit. Attached to initial petition. 73 Attachment 51. Minutes of the Settlement Board of May 6, 2004. Attached to the brief of the petitioner, October 14, 2014. 74 Attachment 52. Briefs from Ms. Albarracín to the Twenty-third Civil Judge of Guayaquil. Attachments to initial petition. 75 Attachment 53. Resolution of the Twenty-third Civil Court of Guayaquil of September 14, 2004. Attached to initial petition. 76 Attachment 54. Multiple briefs from Ms. Albarracín to the Twenty-third Civil Judge of Guayaquil. Attached to initial petition. 77 Attachment 55. Request for recusal filed on January 28, 2005 by Ms. Petita Albarracín. Attached to initial petition. 78 Attachment 56. Judgment of June 7, 2005. Attached to initial petition. 79 Attachment 57. Official Letter No. 343-JVTCG-2006 of June 19, 2006. Attached to initial petition. 63 64