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Avon Global Center for Women and Justice at Cornell Law School - Green Background

Country Details

Bolivia

  • Agripina Guzmán Paredes de Soliz c/ Alberto Soliz Carrillo, Bolivia, Sala Civil, 2006.
    Plaintiff appealed a lower court's ruling that there was insufficient evidence to convict her husband of psychologically and physically abusing her, in violation of Art. 130-4 of the Family Code ("Codigo de Familia"). The Court reversed the lower court's finding, holding that the lower court failed to give adequate weight to evidence that proved defendant had violated Art. 130-4 by physically and psychologically abusing his wife. The Court chided the lower court for placing the plaintiff in danger and for failing to carry out its duty to prevent violence against women.
  • Ministerio Público c/ Julián Cachiqui Da Costa, Bolivia, Sala Penal, 2001.
    Defendant was accused of aggravated rape of his 11-year old daughter, in violation of Art. 308 and 310-2 of the Penal Code. The defendant admitted to the rape, explaining it was an irresistible impulse. The trial court held that there was sufficient evidence not only to prove that the Defendant had raped his daughter, but that he had used force and threats of force to do so. Defendant was sentenced to 12 years in jail, and fined punitive damages. On appeal, the appellate court held that the appropriate sentence was 13 years, and that the penal code did not allow for the punitive damages. The Supreme Court affirmed.
  • Facundo Tito Pocomani c/ Félix Mamani Tite, Bolivia, Sala Penal, 2000.
    Defendant appealed a conviction for raping his 15-year old niece as many as three times, rape which resulted in her pregnancy. Defendant argued that the evidence against him was circumstantial and insufficient, and alleged that the victim had engaged in sexual relations with another man, from which the pregnancy resulted. The Court held that there was sufficient evidence not only of the fact that the victim was a minor at the time of the rape, but that force and intimidation had been used by the defendant. The Court affirmed the defendant's conviction.
  • Hilda Ana Merlo Vásquez c/ Hernán Ramos Méndez, Bolivia, Sala Penal, 2000.
    Alleged victim claimed that defendant pushed her down the stairs and raped her while she was unconscious. The trial court ruled in favor of the defendant, finding there was insufficient evidence to convict him of committing grave bodily injury, harassment and rape. The Appellate Court affirmed acquittals for grave bodily injury and harassment, but reversed the acquittal for rape, finding that there was sufficient medical evidence for a conviction. Medical testimony indicated that the victim had recently engaged in sexual relations, but that after the victim had fallen down the stairs, she would have been in so much pain that consensual sexual relations would have been highly unlikely. The Supreme Court affirmed the appellate court's ruling.
  • Julia Arhuata de Flores c/ Mario Flores Flores, Bolivia, Sala Penal, 2000.
    Defendant was charged with repeatedly raping his two underage daughters. The victims alleged that they did not report the incidents immediately because their father threatened them against doing so. Witnesses testified that the defendant was regularly drunk and abusive. The trial court found him guilty of rape. The appellate and supreme courts affirmed the conviction.
  • Lucio Rojas Lizarazu c/ Víctor Gandarillas Galarza, Bolivia, Sala Penal, 2000.
    Defendant was convicted of the rape of a minor age 14 to 17, in violation of Article 309 of the Penal Code. The defendant admitted to having engaged in sexual relations with the victim, but claimed the relations were consensual, and apologized for his actions. Taking into account the defendant's apology and previous record of good conduct, defendant received a prison sentence of only 4 years. Both parties appealed, but the appellate court affirmed the trial court ruling, finding that the victim had failed to produce evidence of force which would carry a heavier sentence.  The Supreme Court affirmed, holding that the defendant had seduced the minor, but that it had not been shown that he used force.
  • Manuel Enrique Peralta Cabrera c/ Eulogio Chino Poma, Bolivia, Sala Penal, 2000.
    Defendant was charged with homicide and rape of a woman, in violation of Articles 251 and 308 of the Penal Code. Defendant admitted to having raped the victim, but claimed that he did not kill her, claiming he left her alone after he finished raping her. The trial court found there was sufficient evidence to convict the defendant of both crimes. The appellate and supreme courts affirmed the ruling.
  • Miguel Flores López c/ Cresencio Vedia Quispe, Bolivia, Sala Penal, 2000.
    Charges were brought against defendant for the aggravated rape of a 20-year old handicapped woman, suffering from muscular atrophy. According to the victim, who was the defendant's sister-in-law, the defendant entered her room, threw her on the bed, raped her and left. The defendant allegedly raped the victim a number of more times, resulting in pregnancy. The defendant then allegedly attempted unsuccessfully to induce victim's abortion, at which time the victim reported the incidents to her father. The trial court ruled in favor of the defendant, holding the victim's testimony to be too inconsistent and contradictory to secure a conviction. The appellate and Supreme Court, disagreed, holding that there was sufficient evidence for a conviction.
  • José Santos Colque Góngora c/ Angela Muriel Aguilar y otros, Bolivia, Sala Penal, 1999.
    Jose Santos Colque Gongora, his mother, Angela Muriel Aguilar and one other woman, Marina Medina Estevez, were convicted of performing an abortion on Miriam Colque Villca without her consent, in violation of Article 263-1 of the Penal Code. The victim was Colque Gongora's wife. Colque Gongora and his mother took the victim to Medina Estevez's house, telling her it was for a check-up, at which time Medina Estevez conducted the abortion. The appellate and supreme courts affirmed the conviction.
  • Dorotea Ortega de Guerrero c/ Efraín Guerrero Tarifa, Bolivia, Sala Penal, 1998.
    Charges were brought against defendant for allegedly sexually abusing his 14-year old daughter for a period of 30 days while they were in Argentina. The lower court found defendant guilty of aggravated rape, in violation of Article 308-2 and 310-2 of the Penal Code. Upon defendant's appeal, the Court affirmed the lower court's ruling, holding that the victim's testimony coupled with that of the defendant's brother, who witnessed and first reported the rape, was sufficient evidence to convict the plaintiff.
  • Susana Hurtado de Barrero c/ Francisco Barranco Ramos, Bolivia, Sala Penal, 1998.
    Defendant was charged with the aggravated rape of his 9-year old daughter. After considering a medical exam that confirmed rape had occurred, and hearing testimony from the victim naming her father as the aggressor, the lower court found defendant guilty of aggravated rape. The defendant appealed, alleging the accusation of rape was an attempt by the girl's mother of getting revenge against him. Finding there to be sufficient evidence for a conviction, the Court affirmed the lower court's ruling.