Bolivia

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.

Patricia Mansilla Martínez, a member of the Bolivian Parliament, challenged the constitutionality of several articles of the Criminal Code on the basis that they discriminated against women. The Court held that some of the challenged articles were unconstitutional and upheld others.

The plaintiff in this action was an elected councilor in the municipality of Tolata. She was forced to sign a letter of resignation under pressure from a group of intruders who had entered the session room of the municipal building. The plaintiff alleged that her rights relating to legal security in the exercise of a public function under Articles 46 and 144 of the constitution were violated and sought constitutional protection and the return to the office of municipal councilor of Tolata. The Constitutional Tribunal granted these requests.

The Constitutional Tribunal held that the conduct of the municipal authorities forcing a victim of gender violence to reconcile with her aggressor under the threat of taking her children to a shelter violates the right of women to live free from violence. The Tribunal held that this conduct constituted undue harassment.

The Court held that it was not empowered to impose measures that guaranteed the physical and psychological integrity of domestic violence victims when other tribunals and bodies established for that purpose were competent. However, plaintiffs have the right to make the requests from the competent courts to take necessary measures in order to enforce its orders, using persuasive or coercive means.

The Supreme Tribunal confirmed the decision of the Appeal Court, which refused to review the decision of the First Instance Court that had allowed summary proceedings in a case of domestic violence and had sentenced the accused to two years of prison.

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.

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.

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.

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.