(i) she was forcibly undressed;185 (ii) asked about the whereabouts of her brother; 186 (iii)
slapped;187 (iv) comments were made about her sexual orientation,188 and (vi) the police baton
was twice introduced into her anus.189
146. First, the Court finds it evident that rape is a particular type of aggression that, in
general, is characterized by occurring in the absence of people other than the victim and the
aggressor or aggressors. Given the nature of this type of violence, the existence of graphic or
documentary evidence cannot be expected and, therefore, the victim’s statement constitutes
fundamental evidence of the fact.190
147. The Court notes that the presumed victim did not mention the rape when reporting the
facts to the press. Also, in the first complaint filed before the police, she indicated that “a
police agent tried to put the baton [in her] anus, and as he was unable to do so, he pushed
[her] against the wall.”
148. This Court has indicated that the mention of some of the alleged ill-treatment only in
some of the statements does not mean that they are false or that the facts described are
untrue.191 The Court takes into account that the facts described by Ms. Rojas Marín refer to a
traumatic event that she suffered, the impact of which could lead to a certain lack of precision
when recalling them.192 Also, when analyzing the said statements, it must be taken into
account that sexual aggression corresponds to a type of offense that, frequently, the victim
Cf. Verbal complaint made by Azul Rojas Marín at the Casa Grande Police Station on February 27, 2008
(evidence file, folio 2793); Statement made by Azul Rojas Marín at the Casa Grande Police Station on February 28,
2008 (evidence file, folio 2809), and Expansion of the statement made by Azul Rojas Marín at the Casa Grande Police
Station on March 6, 2008 (evidence file, folio 2815).
185
Cf. Statement made by Azul Rojas Marín at the Casa Grande Police Station on February 28, 2008 (evidence
file, folio 2810); Expansion of the statement made by Azul Rojas Marín before the Second Provincial Corporate
Criminal Prosecution Service of Ascope on March 6, 2008 (evidence file, folio 2815), and Statement made by Azul
Rojas Marín at the public hearing on merits before the Inter-American Commission on December 1, 2016 (evidence
file, folder of audiovisual material, minutes 4:11 to 4:13).
186
Cf. Verbal complaint made by Azul Rojas Marín at the Casa Grande Police Station on February 27, 2008
(evidence file, folio 2793); Statement made by Azul Rojas Marín at the Casa Grande Police Station on February 28,
2008 (evidence file, folios 2809 and 2810); Expansion of the statement made by Azul Rojas Marín the Casa Grande
Police Station on March 6, 2008 (evidence file, folio 2815), and Statement made by Azul Rojas Marín at the public
hearing on merits before the Inter-American Commission on December 1, 2016 (evidence file, folder of audiovisual
material, minutes 4:45 to 4:46).
187
Cf. Verbal complaint made by Azul Rojas Marín at the Casa Grande Police Station on February 27, 2008
(evidence file, folio 2793); Statement made by Azul Rojas Marín at the Casa Grande Police Station on February 28,
2008 (evidence file, folios 2809, 2810 and 2811); Expansion of the statement made by Azul Rojas Marín at the Casa
Grande Police Station on March 6, 2008 (evidence file, folios 2815 and 2816), and Statement made by Azul Rojas
Marín at the public hearing on merits before the Inter-American Commission on December 1, 2016 (evidence file,
folder of audiovisual material, minutes 3:36 to 3:39, 4:18 to 4:25, 5:03 to 5:07 and 5:49 to 5:51).
188
Cf. Statement made by Azul Rojas Marín at the Casa Grande Police Station on February 28, 2008 (evidence
file, folio 2811); Expansion of the statement made by Azul Rojas Marín at the Casa Grande Police Station on March
6, 2008 (evidence file, folio 2816); Video 1 of the inspection and reconstruction procedure on August 15, 2008
(evidence file, folder of audiovisual material, annexes to the pleadings and motions brief, minutes 00:00 to 00:22),
and Statement made by Azul Rojas Marín at the public hearing on merits before the Inter-American Commission on
December 1, 2016 (evidence file, folder of audiovisual material, minutes 5:59 to 6:05).
189
Cf. Case of Fernández Ortega et al. v. Mexico. Preliminary objection, merits, reparations and costs, supra,
para. 100, and Case of Valenzuela Ávila v. Guatemala. Merits, reparations and costs, supra, para. 183.
190
Cf. Case of Cabrera García and Montiel Flores v. Mexico. Preliminary objection, merits, reparations and costs,
supra, para. 113, and Case of Espinoza Gonzáles v. Peru. Preliminary objections, merits, reparations and costs, supra,
para. 150.
191
Cf. Case of Fernández Ortega et al.. v. Mexico. Preliminary objection, merits, reparations and costs, supra,
para. 105, and Case of Alvarado Espinoza et al. v. Mexico. Merits, reparations and costs. Judgment of November 28,
2018. Series C No. 370, para. 187.
192
40