Valencia were victims of acts of torture that, since they were based on a gender stereotype, were
contrary to Article 7 of the Convention of Belém do Pará.
189. F.E.P.M. and Patricia Gallardo Ardúz were raped several times by police officers during their
detention. Also, Claudia Valencia Alarcón testified that all the women who were confined in the
PTJ holding cells were taken out into a corridor several times where they were undressed and the
police searched them, introducing their ungloved fingers into the women’s vaginas (supra para.
74). Consequently, in keeping with the prevailing normative and case law criteria in both
international criminal law and in comparative criminal law, this Court finds that the foregoing
constituted an act of gang rape against Norma Lupe Alarcón de Valencia, Claudia Valencia Alarcón,
Mercedes Valencia Chuquimia, Victoria Gutiérrez, Jenny Paola Lulleman and Julia Mamanu
Mamani. This Court considers that rape is any act of non-consensual vaginal or anal penetration
with any body part of the perpetrator or object, as well as oral penetration by the male organ.281
For an act to be considered rape, it is sufficient that there is sexual penetration, however slight,
as described above.282 In addition, it should be understood that vaginal penetration refers to
penetration with any part of the perpetrator’s body or objects, of any genital orifice, including the
labia majora and minora, as well as the vaginal orifice. This interpretation corresponds to the
concept that any type of penetration is sufficient for an act to be considered rape.
190. The Court understands that rape is a form of sexual violence.283 In particular, rape
constitutes a paradigmatic form of violence against women the consequences of which even go
beyond the person of the victim.284 In this case, it is clear that the police officers acted against
the women deliberately. In addition, with regard to the severity of the suffering, this Court has
recognized that sexual violence committed by state agents while the victims are in their custody
is a grave and reprehensible act during which the agent abuses of his power and takes advantage
of the victim’s vulnerability, so that it may cause the victims severe psychological suffering.285
Such consequences may be presumed, despite the lack of testimony in this regard. Indeed, it
should be borne in mind that, in the case of sexual violence, sexual assault corresponds to a type
of crime that the victim usually does not report owing to the stigma generally entailed by a report
of this nature. Consequently, in many cases, the victims decide to keep silent, so that it is possible
to have recourse to presumptions and indications. Lastly, regarding the purpose, the Court notes
that the facts of the case reveal that the sexual violence had an intimidating purpose, and included
threats and humiliations to force the victims to confess and cooperate in the context of the
investigation of the Prosegur case.
191. Based on the above, the Court finds that F.E.P.M., Patricia Gallardo Ardúz, Norma Lupe
Alarcón de Valencia, Claudia Valencia Alarcón, Mercedes Valencia Chuquimia, Victoria Gutiérrez,
Cf. Case of the Miguel Castro Castro Prison v. Peru, supra, para. 310, and Case of Azul Rojas Marín et al. v.
Peru, supra, para. 142.
281
282
Cf. International Criminal Tribunal for the former Yugoslavia, The Prosecutor v. Anto Furundzija. Judgment of
December 10 1998, case No. IT-95-17/1-T, para. 185; International Criminal Tribunal for the former Yugoslavia, The
Prosecutor v. Kunarac et al. Judgment of February 22, 2001, case No. IT-96-23-T and IT-96-23/1-T, paras. 437 and
438; International Criminal Tribunal for the former Yugoslavia, The Prosecutor v. Kunarac et al. Judgment on Appeal
of June 12, 2002, case No. IT-96-23-T and IT-96-23/1-T, para. 127.
283
Cf. Case of J. v. Peru. Preliminary objection, merits, reparations and costs. Judgment of November 27, 2013.
Series C No. 275, para. 359, and Case of the Women Victims of Sexual Torture in Atenco v. Mexico. Preliminary
objection, merits, reparations and costs. Judgment of November 28, 2018. Series C No. 371, para. 182.
Cf. Case of Fernández Ortega et al. v. Mexico, supra, para. 119, and Case of the Women Victims of Sexual
Torture in Atenco v. Mexico, supra, para. 183.
284
285
Cf. Case of the Miguel Castro Castro Prison v. Peru, supra, para. 311, and Case of the Women Victims of Sexual
Torture in Atenco v. Mexico, supra, para.196.
56