be attended to by the repressive system, or there is a risk of creating the perception that greater social criminal control is the solution to all problems. 207 108. Taking these premises into consideration, I then analyze the victims' demand that incestuous rape be transformed into an autonomous criminal offense in Bolivia, as well as the argument of expert witness Dubravka that the problem in this case did not arise from the absence of an autonomous offense, but from the inadequate assessment of the seriousness of the incestuous element in the violations suffered by Ms. Losada by the domestic courts. 208 Regarding the second series of trials, I recall the words of the expert: In the case of Brisa, however, the Supreme Court made an erroneous decision in the Second Criminal Chamber: “that the relationship between cousins causes social unease but is not a crime.” Article 310 criminalizes incest in my expert opinion and, if indeed incest is already an aggravating circumstance, then the court should have applied the corresponding additional penalty. Furthermore, although the first sentence did apply an additional penalty regarding the aggravating circumstance of incest, it only added one year to the sentence while the law seems to indicate five years. Combined with other circumstances that occurred during Brisa’s trials, this is another indication of the influence of discriminatory myths and gender stereotypes about rape in Bolivia's criminal justice system, especially as it relates to sexual violence. My additional recommendation to Bolivia would be to carefully consider whether it is adequately taking into account the aggravating circumstances in relation to the crimes of rape and sexual violence, including in cases of incest, and whether further guidance is necessary to avoid lesser sentences or even the impunity of the perpetrators. 209 109. In addition to the actions of the judiciary, the case revealed another problem in the understanding of incestuous rape as a crime in Bolivia, related to the representatives' assertion that there is a "culture of incest" that permeates society, and which contributes to the fact that incestuous rape is not sufficiently condemned. As she pointed out at the hearing, at the age of 16, Ms. Losada had not yet become aware of the criminal nature of the violence she suffered, nor did her parents know that incestuous rape was a crime in Bolivia. In a statement to the police, E.G.A declared that his relations with Ms. Losada were not illegal. 210 Furthermore, the Prosecutor's Office did not accuse E.G.A of incest when it filed the complaint, even though it knew that they were both cousins and that Ms. Losada was a minor. It was the intervention of the victim's parents, in the private accusation, that managed to include the aggravating circumstance in the court's analysis. 110. Therefore, I consider that, although it is not strictly necessary to classify the aggravating circumstance of incestuous rape present in Article 310 as an autonomous crime, the State must act to increase the visibility and reprehensibility of this conduct. Therefore, below, I defend the incorporation of a nomen juris for incestuous rape in the Bolivian Criminal Code as an alternative way to serve this purpose without increasing criminal legislation with a new offense. d. On the incorporation of a nomen juris for incestuous rape in the Bolivian Criminal Code 111. The public perception of the illegality and reprehensibility of certain behaviors is affected not only by the classification of the act itself, but also by the way in which Cf. MORON, Eduardo; MATTOSINHO, Francisco. A lei n.o 13.104/2015 (feminicídio): simbolismo penal ou uma questão de direitos humanos? Revista de Direitos Humanos em Perspectiva, vol. 1, 2 (2015), p. 239. 208 Cf. Expert opinion of Dubravka Šimonović (evidence file, fl. 11495). 209 Cf. Expert opinion of Dubravka Šimonović (evidence file, fl. 11495), para. 61. 210 Cf. Brief of Pleadings, Motions and Evidence of November 20, 2020, p. 240. 207 37