183. With regard to the weighing of evidence in cases of sexual violence and rape, the Court has established that rape is a unique type of assault that, in general, is characterized by the fact that it takes place in the absence of other people apart from the victim and the attacker or attackers.260 Given the nature of this form of violence, one cannot expect photographic or documentary evidence to exist, and therefore, the testimony of the victim constitutes fundamental evidence of the fact.261 Regarding the credibility of the statement of the victim, the Rules of Procedure and Evidence of the International Criminal Court ban the victim’s prior or subsequent sexual behavior from being taken into consideration to establish it.262 184. Recently, in the case of J. v. Peru, the court ruled that without prejudice to how any given acts of sexual violence may be classified under the law, these standards are “applicable to sexual violence in general.”263 185. The Commission will later analyze the grave failures confirmed to have taken place during evidence collection, as well as the loss of fundamental evidence in the case. However, it highlights with regard to this point that the Inter-American Court has found that a State’s failure to resolve facts can be considered part of the evidence to be analyzed for certain kinds of attacks, sexual violence included.264. Effectively, the Court has found that this element, among others, is enough to establish that it has occurred, given that “this Court observes that reaching another conclusion, would mean allowing the State to shield itself behind the negligence and ineffectiveness of the investigation and the situation of impunity in which the facts of the case remain, in order to extract itself from its responsibility.”265 186. The Commission has also found that one of the main obstacles facing women who are victims of violence is that the authorities’ efforts tend to focus on finding physical evidence and taking testimony, “neglecting other types of evidence that can be crucial to establishing the facts, such as that of a scientific and psychological nature.”266 In this sense, the IACHR has verified the need to assess evidence that goes beyond testimony and medical verification of physical injuries in order to make cases of violence against women, especially cases of sexual violence.267 187. Regarding evidence on lack of consent, the Commission has use the guidelines established in the International Criminal Court’s Rules of Procedure and Evidence as a reference.268 These rules outline factors of coercion that could prevent a victim from physically resisting a sexual assault and that diminish the victim’s capacity to give consent.269 Also with regard to this point, the United Nation’s Special Rapporteur on 260 Inter-American Court. Case of Rosendo Cantú et al. v. Mexico. Preliminary Objections, Merits, Reparations and Costs. Judgment of August 31, 2010. Series C No. 216, para. 89. 261 Inter-American Court. Case of Rosendo Cantú et al. v. Mexico. Preliminary Objections, Merits, Reparations and Costs. Judgment of August 31, 2010. Series C No. 216, para. 89. 262 rule 70. United Nations, International Criminal Court, Rules of Procedure and Evidence, U.N. Doc. PCNICC/2000/1/Add.1 (2000), 263 Inter-American Court, Case of J. v. Peru. Preliminary Objections, Merits, Reparations and Costs. Judgment of November 27, 2013. Series C No. 275, para. 323. 264 Inter-American Court, Case of J. v. Peru. Preliminary Objections, Merits, Reparations and Costs. Judgment of November 27, 2013. Series C No. 275, para. 354. 265 Inter-American Court, Case of J. v. Peru. Preliminary Objections, Merits, Reparations and Costs. Judgment of November 27, 2013. Series C No. 275, para. 356. 266 IACHR, Access to Justice for women who are Victims of Violence in the Americas. OEA/SER.L/V/II. Doc. 68. January 20, 2007, para. 136. 267 IACHR, Access to Justice for Women who are Victims of Violence in the Americas. OEA/SER.L/V/II. Doc. 68. January 20, 2007, 268 IACHR, Access to Justice for Women who are Victims of Violence in the Americas. OEA/SER.L/V/II. Doc. 68. January 20, 2007, 269 United Nations, International Criminal Court, Rules of Procedure and Evidence, U.N. Doc. PCNICC/2000/1/Add.1 (2000), para. 138. para. 54. rule 70.