family’s house,110 another psychologist, 111 José Miguel de Angulo112 and the mother of the
accused113. A total of five hearings were held with a duration of between 21 minutes and 7 hours and
16 minutes, and five prosecution witnesses, one defense witness and two experts from the
complainants and/or the Public Prosecutor’s Office testified.114
65.
In a hearing on September 15, 2005, the Sentencing Court No. 2 of Cochabamba decided to
exclude evidence from the forensic medical certificate of July 31, 2002, at the request of the
accused's defense.115 On conclusion of the trial, on September 23, 2005,116 the aforementioned
Court unanimously acquitted E.G.A. The ruling indicated, among other aspects, that (i) there was no
efficient investigation attributing elements of the conviction; (ii) due to “evidentiary weakness” it
could not conclude whether the sexual intercourse “constituted consensual sexual intercourse or
sexual assault or whether there was actually sexual intercourse, because there is no forensic medical
certificate that confirms such a situation”; (iii) it took as a proven fact that there were behavioral
changes in the alleged victim “resulting from traumatic situations,” but found no evidence that linked
them to E.G.A., and (iv) there was no evidence that E.G.A.'s behavior had invalidated Brisa's sexual
freedom. Furthermore, it concluded that “it had not been possible to identify guilt or intent in the
conduct of the accused because sexual relations between cousins causes discomfort in society, but
it is not a crime, and that the aggravating circumstance applicable to rape between relatives requires
violence and “in this case, no violence or intimidation was observed.”117
66.
The issuance of the acquittal ruling provided for the cessation of all personal precautionary
measures that had been imposed on E.G.A. to date.118 On September 28, 2005, Sentencing Court
No. 2 ordered the removal of precautionary measures against E.G.A.119
67.
On October 8 and 11, 2005, the complainants and the Public Prosecutor's Office, respectively,
appealed the sentence.120 On March 1, 2006, the oral arguments hearing in support of the appeals
was held.121 On March 6, 2006, the First Criminal Chamber confirmed the appealed sentence,
considering, inter alia, that it had not been proven that the victim had been “frightened in such a
way as to constrain her will and ability to resist.”122 This ruling was appealed in cassation by the
complainants on March 22, 2006. On November 16, 2006, the First Criminal Chamber annulled the
Ms. C.M. highlighted the change in Brisa's attitude after the arrival of the accused. Cf. Record of oral trial hearing
from September 15 to 20, 2005 (evidence file, folios 9844 to 9845).
110
R.M.Q. pointed out that the tests carried out on Brisa showed traces of sexual violence and signs of post-traumatic
stress. Cf. Record of oral trial hearing from September 15 to 20, 2005 (evidence file, folios 9849 to 9850).
111
112
In his testimony, José Miguel De Angulo indicated that Brisa began to change and became aggressive after the
arrival of the accused. In addition, he narrated her trip to the United States of America and the discovery of the sexual
assaults. The statement was interrupted because the witness was “very nervous.” Cf. Record of oral trial hearing from
September 15 to 20, 2005 (evidence file, folios 9851 to 9852).
M.C.A. indicated that it was very common to see Brisa show “attention” towards the accused, she caressed him and
put her hand under his shirt. Cf. Record of oral trial hearing from September 15 to 20, 2005 (evidence file, folio 9863).
113
114
Cf. Record of oral trial hearing from September 15 to 20, 2005 (evidence file, folios 9826 to 9871).
115
Cf. Record of oral trial hearing from September 15 to 20, 2005 (evidence file, folio 9854).
Mr. De Angulo stated that the deliberation of the sentence lasted 45 minutes. Cf. Statement of José Miguel De
Angulo, supra (evidence file, folio 11441).
116
117
Cf. Judgment issued by Sentencing Court No. 2 on September 16, 2005 (evidence file, folios 10737 to 10738).
118
Cf. Judgment issued by the Sentencing Court No. 2, supra (evidence file, folio 10738).
119
Cf. Decision issued by Sentencing Court No. 2 on September 28, 2005 (evidence file, folio 8334).
Cf. Appeal filed by the Public Prosecution on October 11, 2005 (evidence file 8558 to 8566) and brief of appeal presented
by Filiberto Camargo and María Leonor Oviedo Bellot, representing Brisa De Angulo Losada, on October 8, 2005 (evidence
file, folios 11025 to 11047).
120
121
Cf. Record of hearing of oral reasoning for a restricted appeal issued by the First Criminal Chamber on March 1, 2006
(evidence file, folios 8621 to 8626).
122
8631).
Cf. Restricted appeal ruling issued by the First Criminal Chamber on March 6, 2006 (evidence file, folios 8629 and
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