ARTICLE 308. (Rape). Anyone who, through intimidation, physical or psychological violence, performs, with a person of either sex, non-consensual sexual acts that involve carnal access, through penetration of the virile member, or any other part of the body, or any object, vaginally, anal or orally, for libidinous purposes; and who, under the same circumstances, even if there was no physical violence or intimidation, takes advantage of the victim's serious mental illness or intellectual disability or who was incapable of resisting for any other reason, will be punished with deprivation of liberty for a period of fifteen (15) to twenty (20) years.. 44. Furthermore, this law modified the crime of rape of an infant, girl, boy or adolescent in the following terms: Article 308 bis. (Rape of an infant, child or adolescent). If the crime of rape is committed against a person of either sex under fourteen (14) years of age, it will be punished with imprisonment of twenty (20) to twenty-five (25) years, even if there is no use of force or intimidation and consent is alleged. If any of the aggravating circumstances provided in Article 310 of the Penal Code are evident, and the sentence reaches thirty (30) years, the sentence will be without the right to pardon. Consensual relationships between adolescents over twelve (12) years of age are exempt from this punishment, as long as there is no age difference of more than three (3) years between them and no violence or intimidation has occurred. 45. Current criminal legislation - with the modifications noted - also considers incest54 as an aggravating factor for crimes of sexual violence. It also provides for other aggravating factors as set out below: a) Any of the circumstances provided for in Articles 270 and 271 of this Code [(minor, serious and very serious injuries)] occur as a result of the rape; b) The event occurs in front of children or adolescents; […] g) The perpetrator is in charge of the education or custody of the victim, or if the victim is in a situation of dependence on them or under their authority; […] l) In the case of the crime of rape, the victim is over fourteen (14) and under eighteen (18) years of age; m) The perpetrator has committed the act on more than one occasion against the victim; […] o) The perpetrator was an ancestor, descendant or relative within the fourth degree of kinship or second degree of family relationship; […] C. Steps taken by the family of Brisa De Angulo Losada prior to the complaint filed with the state authorities 46. Brisa's parents became aware of the sexual violence that their daughter was suffering when, during a trip to the United States, one of her older brothers, after having noticed negative changes in her behavior, read her diary and discovered that something was happening.55 After learning about the acts of sexual violence, Brisa's father had to return to Bolivia for a few days for work reasons. During his stay in Bolivia, he sought “advice from friends” about the events that occurred, to which they recommended that he go to the Defense for Children International56 (hereinafter “DCI”). Thus, on July 15, 2002, he reported the facts to DCI57 in Cochabamba, where they advised him that the girl should receive therapy.58 On July 18, 2002, after his return to the United States, Brisa's father and her mother decided to take her to a therapist who recommended they go to the 54 Reference is made to incest here according to the definition contained in the Bolivian Penal Code, that is, in cases of sexual violence committed by “an ancestor, descendant or relative within the fourth degree of consanguinity or second degree of affinity.” 55 Cf. Statement of José Miguel De Angulo, supra (evidence file, folio 11445); Social Report of the Defense of Children International, Bolivia Section of August 21, 2008 (evidence file, folio 7233); Letter from Brisa De Angulo Losada, supra (evidence file, folio 7246), and Statement from Luz Stella Losada during the public hearing, supra. 56 Cf. Statement of José Miguel De Angulo, supra (evidence file, folio 11445). The DNI is a non-governmental organization that is responsible for the protection of children and adolescents. Cf. Website of the Defense of Children International. Available at: https://defenceforchildren.org/about-us/ 57 58 Cf. Statement of José Miguel De Angulo, supra (evidence file, folio 11445), and psychological certification carried out by the DNI psychologist on August 7, 2002 (evidence file, folio 7850). 15