36
i) Intentionality
111. Regarding the existence of an intentional act, from the evidence in the case file it
has been verified that the mistreatment was inflicted deliberately against the victim. In
effect, the Court considers it proven that one of the attackers hit Mrs. Rosendo Cantú in
the abdomen with his weapon, causing the victim to fall to the ground and hit her head
on a rock, then she was thrown by the hair and her face was scratched, and with force,
while rifles were pointed at her, she was penetrated sexually by two soldiers while the
other six observed the rape.
ii) Severe physical or mental suffering
112. In order to analyze the severity of the victim’s suffering, the Court must take into
account the specific circumstances of each case. As such, characteristics of the action,
the duration, the method used, or the way in which the suffering was inflicted, the
potential physical and mental effects, and also the status of the person who endured this
suffering, including age, gender, and physical condition, among other personal details,
must be considered.123
113. Regarding the physical suffering, the Court recalls that there are two medical
certificates issued twelve and twenty-three days after the incident, which indicate
evidence of physical injuries (supra para. 101). Furthermore, the Court also has
testimonial evidence indicating that subsequent to the incident Mrs. Rosendo Cantú was
hurt, with physical aches, to which she even summoned the assistance of a two doctors
(supra para. 100).124
114. Regardless of the above, the Court has established that an act of torture can be
perpetrated both by acts of physical violence and by acts that produce acute mental or
moral suffering for the victim.125 In addition, this Tribunal has recognized that rape is an
extremely traumatic experience that can have severe consequences and cause
significant physical and psychological damage that leaves the victim “physically and
emotionally humiliated,” a situation that is difficult to overcome with the passage of
time, contrary to other traumatic experiences.126 This reveals that the severe suffering of
the victim is inherent in rape, even when there is no evidence of physical injuries or
disease. Indeed, the after-effects of rape will not always be physical injuries or disease.
Women victims of rape also experience complex consequences of a psychological and
social nature.
115. In the present case, Mrs. Rosendo Cantú was subjected to an act of physical
violence and control by soldiers who intentionally sexually penetrated her. Her
vulnerability and the coercion that the agents of the State exercised over her was
enhanced by the participation of the other six soldiers, who were also armed, which
exacerbated the context of sexual violence perpetrated against the victim. The Court
finds it evident that the suffering endured by Mrs. Rosendo Cantú, by being obliged to
undergo sexual acts against her will while other six people observed, was extremely
intense, even more so considering she was a child. This psychological and moral
suffering was aggravated in view of the circumstances in which the rape occurred,
123
Cf. Case of the “Street Children”” (Villagrán-Morales et al.) v. Guatemala. Merits. Judgment of
November 19, 1999. Series C No. 63, para. 74, and Case of Bueno Alves, supra note 122, para. 83.
124
Cf. Statements rendered by Mrs. Bernardino Morales and Mr. Bernardino Morales, supra note 111,
coincide in that when they saw the alleged victim for the first time after the facts took place, she was crying,
half naked, with scratches on her face.
125
Cf. Case of Cantoral Benavides v. Perú. Merits. Judgment of August 18, 2000. Series C No. 69, para.
100, and Case of Maritza Urrutia v. Guatemala. Merits, Reparations, and Costs. Judgment of November 27,
2003. Series C No. 103, para. 91.
126
Cf. Case of the Miguel Castro-Castro Prison, supra note 121, para. 311. Cf. Also ECHR, Case of Aydin v. Turkey
(GC), supra note 99, para. 83.
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