Bolivia has the highest rates of sexual violence in South America. It is reported that 70 percent of women suffer sexual assault during their lifetimes, and that 1 out of 3 girls are sexually assaulted before they turn 18. Most victims remain oppressed in silence. Some tragically take their own lives. About a third break the silence, and an even smaller group seek justice. However, those brave women who seek justice face tremendous barriers. Brisa De Angulo is one such woman who broke the silence and fought with all her heart to access justice.
Brisa is the perfect definition ofgrace and kindness, but she also embodies an unrelenting fierceness when she fights for justice. She is an advocate, attorney, and survivor. Her courage was shown in her words when she confronted the Inter-American Court of Human Rights (IACtHR)judges, saying, “It is within your power to make change now, so that in 20 years you won’t have another girl sitting here in my place.”
This is the bravery needed at this time. Her determination in this fight led her to found A Breeze of Hope Foundation in 2004, where survivors have easy access to free legal, psychological, and social support.
Caso De Angulo Losada vs. Bolivian Government
In March 2022, the Inter-American Court of Human Rights (IACtHR) heard the case of Brisa De Angulo Losada against the Bolivian Government. It is considered a groundbreaking case that offers a glimpse into the horrors that victims of sexual violence face in Bolivia’s justice system. In this case, Brisa alleged that the Bolivian Government violated her rights by denying her justice. It was the first time inIACtHR history that a case regarding human rights violations against an adolescent victim of incestuous rape had been heard. The IACtHR took up the case to expand and deepen its jurisprudence on sexual violence against children and adolescents.
What happened?
According to Brisa, she was repeatedly assaulted and raped by her adult cousin who was living with her family when she was fifteen. The abuse went on for eight months. Brisa eventually told her parents about the sexual violence she was enduring. Her parents supported her, but other family members weren’t so supportive.
They blamed her and became furious when Brisa and her parents demanded that her rapist be held accountable and brought to justice. Brisa’s extended family and community sought to silence her because, according to them, speaking about the abuse would “bring shame” to the family name. The pressure on Brisa to retract her claims turned violent, with her home being set on fire twice, a kidnapping attempt, as well as death threats and attempted hit and runs. The intensity of the pressure forced Brisa into hiding and led her to attempt suicide twice.
Trial in Bolivia
Despite all the horrible things her extended family had done to silence her, Brisa still took her case to a criminal trial in Bolivia. Unfortunately, the judge and prosecutor also blamed her for everything that happened to her. The trial judge stated that she couldn’t have been raped because she didn’t scream, she was too intelligent, and her personality was too strong. Moreover, the prosecutor tried to make her feel guilty by saying she would ruin her abuser’s life by sending him to prison.
Brisa endured three horrific trials in Bolivia, two of which were declared mistrials. The third trial was suspended because the rapist fled to Colombia and was never held accountable for his crimes. Brisa refused to give up. She became an attorney and brought her case before the Inter-American Commission of Human Rights (IACHR).
The laws that the Bolivian Government has to reform
On January 19, 2023, the IACtHR issued its ruling in Brisa’s case, heeding the calls of Brisa for justice and ordering that the Bolivian Government take action to end sexual violence and increase access to justice for victims. The sweeping reforms include:
- Eliminating the rules and regulations that limit justice for the victims of the sexually-based offenses.
- Classifying incestuous sexual violence as a crime in the legal system.
- Promoting plea bargaining in sex crimes cases involving child and adolescent victims.
- Prioritizing the best interest of children and adolescents in managing sexcrimes.
- Developing policies and practices for holding accountable those suspected and convicted of sex crimes against children.
- Developing up-to-date and High-Quality Professionals and Services.
