fell asleep.6 She stated that “she did not know what he had done to her.”7 She indicated that when she awoke
she “noticed that her father was fastening his belt, straightening the front of his pants and zipping up his
zipper.” She also stated that “her father was cleaning her rectal area.”8 Mrs. V.P.C. stated that she did not know
of these facts at the time as her daughter had not told her because she was afraid. 9
29.
On October 16, 2001, Mrs. V.P.C. took V.R.P. to a physician because of the discomfort her
daughter had difficulty defecating and suffered from pain in her anal region. 10 An examination of her analgenital region was conducted while under anesthetic. 11 The report indicates that her “hymen had been
previously ruptured (…) and that there were cervical and anal lesions present.”12 V.R.P. was also “diagnosed
with human papilloma virus,” an exclusively sexually transmitted disease. 13 The report concludes that “all of
the findings (…) indicate that she is a victim of sexual aggression.”14
3.
On the criminal process
30.
On November 20, 2001, Mrs. V.P.C. filed a complaint with the Jinoteca District Criminal Court
against Mr. Heberto Rodríguez Arauz for the crime of rape perpetrated against her daughter, V.R.P. 15
31.
On November 21, 2001 V.R.P., in the company of her mother, told the Court that on one
occasion her father “took [her] to the house he had built and gave [her] a coffee; [she] went to sleep and when
[she] woke up,” he was pulling on his pants [and] touching himself.”16 V.R.P. added that “[she] felt as if [her]
buttocks had been opened and they had a burning sensation.”17 That same day, the Court issued a warrant for
Mr. Rodríguez’s arrest, and he was taken into custody that afternoon. 18
6 Annex 4. Report from the Institute of Forensic Medicine, November 27, 2001. Annex B to the communication received on
March 16, 2005. External Psychiatric Report, November 26, 2001. Annex F to the petitioner’s communication received on February 22,
2006. Forensic Medical Report, November 27, 2001. Annex F to the petitioner’s communication received on February 22, 2006.
7 Annex 4. Report from the Institute of Forensic Medicine, November 27, 2001. Annex B to the communication received on
March 16, 2005. External Psychiatric Report, November 26, 2001. Annex F to the petitioner’s communication received on February 22,
2006. Annex 6. Forensic Medical Report, November 27, 2001. Annex F to the petitioner’s communication received on February 22, 2006.
8 Annex 4. Report from the Institute of Forensic Medicine, November 27, 2001. Annex B to the communication received on
March 16, 2005. External Psychiatric Report, November 26, 2001. Annex F to the petitioner’s communication received on February 22,
2006. Annex 6. Forensic Medical Report, November 27, 2001. Annex F to the petitioner’s communication received on February 22, 2006.
9
Annex 7. Initial petition received on October 28, 2002.
Annex 4. Report from the Institute of Forensic Medicine, November 27, 2001. Annex B to the communication received on
March 16, 2005.
10
11 Annex 4. Report from the Institute of Forensic Medicine, November 27, 2001. Annex B to the communication received on
March 16, 2005.
12 Annex 4. Report from the Institute of Forensic Medicine, November 27, 2001. Annex B to the communication received on
March 16, 2005.
13 Annex 4. Report from the Institute of Forensic Medicine, November 27, 2001. Annex B to the communication received on
March 16, 2005.
14 Annex 4. Report from the Institute of Forensic Medicine, November 27, 2001. Annex B to the communication received on
March 16, 2005.
15 Annex 8. Sentence No. 89 of the Northern District Appellate Court Criminal Chamber, July 10, 2002. Annexed to the
petitioner’s communication received on October 28, 2002.
16
Annex 2. Statement given to the inquiry by V.R.P., p. 39, criminal case file.
17
Annex 2. Statement given to the inquiry by V.R.P., p. 39, criminal case file.
18
Annex 2. Deed of November 21, 2001, p. 32, criminal case file. National Police deed, p. 41, criminal case file.