The facts of instant case refer to the sexual rape and torture suffered by Valentina Rosendo Cantú, 17 years old, by members of the Mexican army. The IA Court placed these events in a context of significant military presence in the State of Guerrero, aimed at suppressing unlawful activities such as organized crime. In this region a sizeable percentage of the population belongs to indigenous communities who maintain their cultural identity and live in municipalities afflicted by social exclusion and extreme poverty.

The IA Court noted the constitutional elements of sexual violation as an act of torture and established standards regarding the inadmissibility of military jurisdiction to hear cases of this nature. Furthermore, it developed criteria regarding due diligence in the processing of the complaint and investigation of the rape and access to justice without discrimination emphasizing the special obligation of child protection.