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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