of the Convention, which encompasses their sexual life or sexuality. 176 Sexual violence violates
essential values and aspects of a person’s private life, supposes interference in their sexual
life, and annuls their right to take decisions freely about who they wish to have sexual relations
with, causing them to lose complete control over their most personal and intimate decisions
and over basic bodily functions.177
142. It has also considered that rape is any act of vaginal or anal penetration without the
victim’s consent using parts of the aggressor’s body or objects, as well as oral penetration by
the male organ.178
143. Additionally, the Court notes that, in this case, the general obligations derived from
Articles 5 and 11 of the American Convention are reinforced by the specific obligations derived
from the Inter-American Convention to Prevent and Punish Torture. Articles 1 and 6 of this
inter-American convention reinforce the absolute prohibition of torture and the obligation of
the States to prevent and to punish any act of torture or attempt to commit torture and other
cruel, inhuman or degrading treatment within their jurisdiction.
144. In this case, the dispute centers on what happened to the presumed victim while she
was detained. In order to analyze what happed to the presumed victim, the Court will take
into account the different evidence that helps determine what happened, and will examine
them in the following order: B.1) the statements made by Azul Rojas Marín; B.2) the forensic
medical examination, and B.3) the expert appraisal of the presumed victim’s clothing. Then,
the Court will determine B.4) the ill-treatment that occurred, and B.5) the legal classification.
B.1
The statements made by Azul Rojas Marín
145. The file in this case reveals that the presumed victim filed a verbal complaint about the
facts with the police on February 27, 2008, at 4 p.m.;179 a statement of the facts on February
Cf. Case of Fernández Ortega et al. v. Mexico. Preliminary objection, merits, reparations and costs. Judgment
of August 30, 2010. Series C No. 215, para. 129, and Case of Women Victims of Sexual Torture in Atenco v. Mexico.
Preliminary objection, merits, reparations and costs, supra, para. 179.
176
Cf. Case of J. v. Peru. Preliminary objection, merits, reparations and costs, supra, para. 367, and Case of
Women Victims of Sexual Torture in Atenco v. Mexico, supra, para. 179.
177
Cf. Case of the Miguel Castro Castro Prison v. Peru. Merits, reparations and costs. Judgment of November 25,
2006. Series C No. 160, para. 306, and Case of Women Victims of Sexual Torture in Atenco v. Mexico. Preliminary
objection, merits, reparations and costs, supra, para. 182.
178
Ms. Rojas Marín reported that, at the time of the detention, they shouted at her: “Get in, cabro concha de tu
madre” and when she did not do so, they shouted the same insults three times and then hit her with the police baton
in the solar plexus to make her get into the van. On arrival at the Casa Grande Police Station, they locked her in a
room “and then three police agents entered; one of them began to say ꞌte gusta la pin… concha de tu madre; take
your clothes off’ and, as she did not want to do this, they slapped her, and as she did not undress, the police agents
began to undress her forcibly and they tore her underwear. […] then, a police agent tried to introduce the baton [in
her] anus, and as he was unable to do this, they pushed [her] against the wall and took [her] clothes, leaving [her]
naked. Then a tall police agent approached and began to caress [her] face and neck with his hands saying ꞌte gusta
la p…, concha de tu madreꞌ to which [Ms. Rojas Marín] reacted by spitting in his face. The police then withdrew leaving
[her] alone in the room. Later, a police agent threw [her] clothes at [her] so that [she] could get dressed and, on
checking the pockets of her trousers, [she] could not find her mobile telephone […] and [cash] so [she] proceeded to
demand them back and they told [her] that there had been nothing in the trousers and they again undressed [her]
and left [her] naked until 6 a.m. that day, when a police technician arrived […] and on seeing her said ꞌWhat’s this
fucking fag doing here!.’ Then they gave [her] back [her] clothes so that [she] could get dressed and following this,
[she] again asked the police technician […] to return her things, and he answered: ꞌLeave maricon concha de tu
madre, they should have put you in a cell so that everyone could fuck you.” Cf. Verbal complaint made by Azul Rojas
Marín at the Casa Grande Police Station on February 27, 2008 (evidence file, folio 2793).
179
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