38.
On November 27, 2001, forensic physician Sara Mora from the Institute of Forensic Medicine
issued a forensic opinion at the request of the Jinoteca District Judge. 33 The opinion concludes the following:
“partial tear at the edge of the hymen (…); anus: presence of polyps.”34 Furthermore, the opinion includes the
results from a laboratory test conducted on October 22, 2001, indicating that “she is infected with the human
papilloma virus and a biopsy of the perianal lesion reveals the presence of condylomatosis acuminate.”35
39.
On November 29, 2001, a judicial visual examination and a reconstruction of the facts were
carried out.36 Mrs. V.P.C. claims that judge Adriana Molina asked V.R.P. to indicate where she had been raped
and the position in which the perpetrator had placed her.37 The IACHR notes that the case file includes
photographs of V.R.P. lying down in the place where the facts occurred. 38 Mrs. V.P.C. alleges that the
psychiatrist from the Victoria Motta Hospital, who was present at the proceeding, told the judge that she
could not continue to re-victimize the girl.39 Mrs. V.P.C. maintains that there was no official from the Attorney
General’s Office present at the proceeding.40
40.
On November 30, 2001, the Jinoteca District Criminal Court issued an order for the secure
and formal arrest of Mr. Rodríguez “as the perpetrator of the crime of rape.”41 The Court said that “the crime
of rape [with respect to V.R.P.] has been fully established by the medical report issued by the Institute of
Forensic Medicine (…)”. It also maintained that “the statements given by [the physicians who attended to
V.R.P. before her mother lodged the complaint] agree with the diagnosis reached by the Forensic Medicine
Institute as regards the tearing found on the child, together with the human papillomavirus, conditions
transmitted exclusively through sexual contact.” 42
41.
On December 3, 2001, Mr. Rodríguez’s defense team appealed against the judgment of the
Jinoteca District Criminal Court.43 Three days later, the Court referred the proceedings to the plenary.44
42.
On February 21, 2002, the Victoria Motta Hospital submitted requested by the Deputy Judge
of the Jinoteca District Criminal Court. 45 The report states that the girl “will almost certainly require
psychotherapeutic services until she reaches biological and emotional maturity due to the physical and
mental damage she has suffered and the lasting injuries she has sustained, and her prognosis is guarded.”46
The report also maintains that “in order to prevent anymore damage from being done to her person, the re-
33
Annex 6. Forensic medical opinion of November 27, 2001. Annex F to the communication from the petitioner of February 22,
34
Annex 6. Forensic medical opinion of November 27, 2001. Annex F to the communication from the petitioner of February 22,
35
Annex 6. Forensic medical opinion of November 27, 2001. Annex F to the communication from the petitioner of February 22,
2006.
2006.
2006.
36 Annex 15. Minutes of the judicial visual examination and reconstruction of the facts of November 29, 2001. Annex to the
communication from the petitioner received on October 28, 2002.
37
Annex 12. Communication from the petitioner of February 22, 2006.
Annex 15. Minutes of the judicial visual examination and reconstruction of the facts of November 29, 2001. Annex to the
communication from the petitioner received on October 28, 2002.
38
39
Annex 12. Communication from the petitioner of February 22, 2006.
40
Annex 12. Communication from the petitioner of February 22, 2006.
41
Annex 2. Judgment, Jinoteca District Criminal Court, November 30, 2001, p. 305, criminal case file.
42
Annex 2. Judgment, Jinoteca District Criminal Court, November 30, 2001, p. 305, criminal case file.
43
Annex 2. Appeal filing, p. 323, criminal case file.
44
Annex 2. Deed of the Jinoteca District Criminal Court, p. 346, criminal case file.
45
Annex 16. Follow-up report of February 21, 2002. Annex B to the communication received on March 16, 2006.
46
Annex 16. Follow-up report of February 21, 2002. Annex B to the communication received on March 16, 2006.