Article 308 of the Bolivian Criminal Code, required the use of violence or intimidation to be carried out, unless the victim was in a situation of “mental illness”, serious psychological disturbance or severe intellectual impairment […], or that she is incapable of resisting for any other reason” (supra para. 38). The change in that provision made in 2013 included consent, but not as a central element of the crime, but in addition to intimidation, physical or psychological violence. It must be noted that intimidation and violence always imply an absence of consent. However, the absence of consent may not be accompanied by any violence or intimidation. Thus, the legislative modification cited above did not change the definition of the criminal offense in any way, but rather added a term that, in the context in which it was included, was redundant. The crime of statutory rape, in turn, requires seduction or deception and, at the time of the events and at present, is applied in cases in which the victim is over fourteen years of age and under eighteen (supra paras. 40 and 42). 151. The Court notes, therefore, that the criminal legislation of Bolivia did not establish - and continues without doing so today - consent as a central element of the crime of rape and requires the demonstration of violence or intimidation. Nor does it refer to circumstances in which consent is flawed, such as in cases of evident asymmetry of power between the aggressor and the victim. 152. The Court recalls that the present case deals with the criminal process initiated following the complaint of the rape of a 16-year-old girl by her 26-year-old cousin, who constituted a figure of authority vis-à-vis the alleged victim, due to the symbolic place he occupied as “elder brother” and “guardian”283 and the trust placed in him by Brisa 284 and her parents (supra para. 34). The Court notes that the criminal complaint filed by José Miguel De Angulo was as a result of the physical and, especially, psychological symptoms presented by his daughter, who had been assessed by two psychologists and a doctor (supra paras. 46 and 52). They all concluded that Brisa's story, symptoms, and mental state were consistent with those of a victim of sexual violence, who should receive continuous psychological support for as long as necessary to be able to deal with the sexual violence suffered.285 153. The Court recalls that, after the annulment of the conviction handed down by Trial Court No. 4 in 2003 and the holding of a second trial, the accused was acquitted by Trial Court No. 2 in 2005. This collegiate judicial body expressly held that it was necessary to prove the existence of physical violence or intimidation for the crime of rape to be established and, therefore, excluded the expert Brisa and her parents pointed out that E.G.A. began to take care of her education and that of her younger sisters when he moved to live in the De Angulo Losada family residence. Cf. Statement of Brisa De Angulo Losada during the public hearing, supra; Statement of Luz Stella Losada during the public hearing, supra, and Statement of José Miguel De Angulo, supra (evidence file, folios 11433 to 11434). 283 284 After the assessment interview she had with Brisa, psychologist Sandra Muñoz indicated that: “[t]he trust and fraternal affection that Brisa gave to her cousin generated feelings of guilt in the teenager, because this made it difficult for her to become aware and inform her parents about the constant sexual abuse.” Cf. Psychological certification carried out by the DNI psychologist, supra (evidence file, folio 7850). According to Sandra Muñoz, “it was identified that [E.G.A] used mechanisms of psychological manipulation, based on emotional persuasion such as: when she did not agree to have sexual relations with him, he proceeded not to speak to her for several days, to discredit her actions and accept Brisa's apology." On the other hand, she stated that the alleged victim presented a “high rate of anxiety and anguish that have been triggered by the entire situation of sexual abuse, the disclosure of the fact and facing the corresponding legal process.” Cf. Psychological certification carried out by the DNI psychologist, supra (evidence file, folios 7850 and 7851). Similarly, Dr. Lourdes Armas indicated that Brisa “did not want to discuss much about this [sexual abuse] today and she was very depressed. She was seduced into maintaining this situation for some time, the last time this happened was over a month ago; She was confused and very frustrated. Her parents were also very agitated and depressed.” From the genito-urinary examination she performed, she indicated “hymen not intact,” and her interpretation was that the alleged victim was a “16-year-old [w]oman in a state of having suffered sexual abuse.” Cf. Certificate produced by Lourdes de Armas, supra (evidence file, folio 7853). In her psychological assessment of Brisa, Terri S. Glisson, “a therapist with 20 years of experience in sexual abuse and its treatment,” stated “[i]t is my opinion that Brisa is a victim of sexual abuse and rape committed by her cousin […]. Brisa's reports of her relationship are of the nature of a minor being seduced by an adult man for the purpose of sexually exploiting her. [E.G.A.] developed a relationship with Brisa based on trust, family ties, and service to God, and used these qualities to exploit Brisa sexually and to manipulate her into believing she had done something wrong. Brisa has suffered psychological harm and emotional harm from this man as well as sexual abuse.” Cf. Certificate made by Terri S. Gilsson, supra (evidence file, folio 7860). 285 50