B. Main Regulatory Framework 38. At the time of the events, the criminal law in force was the Bolivian Criminal Code of 1972,51 with the modifications introduced by Law No. 2033, called the Law for the Protection of Victims of Crimes against Sexual Freedom of October 29, 1999.52 Article 308 criminalized rape and stipulated: Article 308.- (Rape) Whoever, using physical violence or intimidation, has sexual intercourse with a person of either sex; anal or vaginal penetration or introducing objects for libidinous purposes, will incur imprisonment from five (5) to fifteen (15) years. Anyone who, under the same circumstances as in the previous paragraph, even if there was no physical violence or intimidation, taking advantage of the victim's mental illness, serious psychological disturbance or severe intellectual impairment, or who was incapable of resisting for any other reason, will incur imprisonment of fifteen (15) to twenty (20) years. 39. Additionally, this law introduced the criminal offense of rape of children and adolescents: Article 308.- Bis (Rape of a child or adolescent) Whoever has sexual intercourse with a person of either sex under fourteen years of age, anal or vaginal penetration or introduces objects for libidinous purposes, will be punished with imprisonment of fifteen (15) to twenty (20) years, without the right to pardon, even if there is no use of force or intimidation and consent is alleged. Consensual relationships between adolescents over twelve years of age are exempt from this punishment, as long as there is no age difference of greater than three (3) years between them, and no violence or intimidation has occurred. 40. Furthermore, Article 309 of the Bolivian Penal Code, with the modifications introduced by Article 5 of Law No. 2033, at the time of the events of the case prescribed the criminal offense of statutory rape in the following terms: Article 309.- (Statutory Rape) Whoever, through seduction or deception, has sexual intercourse with a person of either sex, over fourteen (14) years of age and under eighteen (18), will be punished with imprisonment of two (2) to six (6) years. 41. Article 310 of the Penal Code then in force established among the aggravating factors for the criminal offences of sexual violence the following: Article 310.- The sentence will be aggravated in cases of the above crimes, with five years: 1. If as a result of the rape any of the circumstances provided for in Arts. 270 and 271 of the Criminal Code occur [(minor, serious and very serious injuries)]; 2. If the victim suffers serious trauma or psychological damage; 3. If the perpetrator was an ancestor, descendant or relative within the fourth degree of kinship or second degree of family relationship; 4. If the perpetrator is in charge of the education or custody of the victim, or if the victim is in a situation of dependency or authority; […] 7. If the perpetrator subjected the victim to humiliating or degrading conditions […] 42. Subsequent to the facts of the case, after the entry into force of the 2009 Constitution, through Law No. 054 of November 8, 2010, called the Law of Legal Protection of Children and Adolescents,53 the penalty for the criminal offence of statutory rape was modified from 3 to 6 years. 43. Subsequently, Law No. 348 of March 9, 2013, called the Comprehensive Law to Guarantee Women a Life Free from Violence, modified the crime of rape, increasing the penalty and including the expression “non-consensual sexual acts” in the criminal offence, and the inability to resist in the definition of the crime, as follows: 51 Available in Spanish at: http://www.silep.gob.bo/norma/4368/texto_ordenado 52 Available in Spanish at: http://www.silep.gob.bo/norma/3936/ley_actualizada 53 Available in Spanish at: www.silep.gob.bo/norma/4169/leyes#910865674 14