b. On intrafamilial sexual violence as a serious human rights violation and the imperative for its prevention 94. Although sexual relations between family members, whether consensual or not, are popularly known as "incest", it is crucial to differentiate "incest" from "incestuous rape", the latter also known as intrafamilial sexual violence. The criminalization of incest in its consensual form between persons who have reached the age of consent, which was the subject of heated debate in the paradigmatic "incest case" of the German Constitutional Court in 2008, 176 will not be debated in this opinion, nor was it demanded by the victims, who focused their arguments on "incestuous rape." Indeed, unlike consensual incest, in which some maintain as did Judge Hassemer of the German Constitutional Court in his dissenting opinion in the aforementioned case 177 - that criminalization would not be appropriate since there is no protected legal right, the criminalization of incestuous rape is imperative for the protection of the physical and psychological integrity and sexual autonomy of people who are in a situation of extreme vulnerability, especially aggravated in the case of victims who have not reached the legal age of consent. 95. As the UN Special Rapporteur on violence against women, Dr. Radhika Coomaraswamy, points out, “[m]any of those who have undergone incestuous practices subsequently suffer various psychological and physical disorders.” 178 The psychological consequences of incestuous sexual rape of minors can be classified into three main types: emotional adaptation difficulties, interpersonal adaptation difficulties and sexual adaptation difficulties. 179 The serious consequences of this form of abuse are evident in Ms. Losada's case, as she described in a hearing when she was asked how her parents discovered her abuse: When I was a very active girl, I was on the national swimming team, I played piano, violin, and I worked a lot in community services, with older people, children, and suddenly my life began to change, I literally I was dying in his face, I stopped going swimming, I stopped playing music, I no longer went to school, I developed bulimia, anorexia, I began to mutilate myself, I became depressed, I spent hours in my room sleeping, crying and sleeping, on a trip to the United States I tried to commit suicide twice (…). 180 96. Studies of multiple subjects unanimously indicate that the highest rate of sexual violence against children occurs in their homes and comes from someone with whom they have a relationship of trust. 181 This is also corroborated by the reports of international organizations and human rights NGOs presented in the proceedings. 182 The most striking characteristic of this type of rape is the use of Cf. BVerfGE 120, 224 – Geschwisterbeischlaf (2008). Cf. BVerfGE 120, 224 – Geschwisterbeischlaf (2008), dissenting opinion of Judge Hassemer, para. 73. 178 Cf. Human Rights Commission. Report of the Special Rapporteur on violence against women, its causes and consequences, Ms. Radhika Coomaraswamy, submitted in accordance with Commission on Human Rights resolution 1995/85. E/CN.4/1996/53 (1996), párr. 66-72 (our translation). 179 Cf. AZEVEDO, Maria Amélia; GUERRA, Viviane de Azevedo. Pele de asno não é só história...: Um estudo sobre a vitimização sexual de crianças e adolescentes em família. São Paulo: Iglu, 1988. 180 Cf. Statement by Brisa De Angulo Losada at public hearing before the Court on March 29, 2022. 181 Cf. FURNISS, Tilman. The Multiprofessional Handbook of Child Sexual Abuse. Porto Alegre: Artes Médicas, 1993; HABIGZAN, Luísa et al. Abuso sexual infantil e dinâmica familiar: aspectos observados em processos jurídicos (Child sexual abuse and family dynamics: aspects observed in legal processes). Psicologia: Teoria e Pesquisa, vol. 21, 3, (2005), p. 341-348. 182 Cf., e.g., Ibero-American Federation of Ombudsman. Niñez y adolescencia: III Informe sobre derechos humanos (Childhood and adolescence: III Report on human rights), (2005), p. 125. Available at https://www.acnur.org/fileadmin/Documentos/Publicaciones/2010/8016.pdf. Accessed November 20, 2022. 176 177 32