53
long-lasting mental and physical suffering, due to the non-consensual and invasive nature of this
unlawful act, which affects the victim, her family and community. This is aggravated when the
perpetrator is a state agent, because of the physical and psychological power the aggressor can exercise
319
over the victim by reason of his position of authority.
231.
The Inter-American Court has held that rape is a form of sexual violence320 that i)
causes severe suffering because it is “an extremely traumatic experience that can have severe
consequences and cause significant physical and psychological damage that leaves the victim “physically
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and emotionally humiliated,” a situation that is difficult to overcome with the passage of time” ; and
ii) its objectives include that of “intimidating, degrading, humiliating, punishing, or controlling the
person who is raped.”322 In its recent case law, the Court has concluded that rapes committed by State
agents constitute acts of torture and thus violate the right established in Article 5(2) of the American
Convention.323
232. Likewise, the Court has written that the content of Article 11 of the American
Convention includes, inter alia, protection of one’s private life.324 It added that the concept of a private
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life included, inter alia, a person’s sex life.
Thus, the Court has held that under these circumstances,
rape violates essential aspects and values of the victim’s private life in that it represents an intrusion in
that person’s sexual life. The Court writes that rape also annuls the victim’s right to decide freely with
whom to have intimate relations, causing her to lose complete control over this most personal and
intimate decision and over her basic bodily functions.”326
Fernández Ortega, Mexico, Case 12,580. May 7, 2009, par.88; Report No. 53/01, Case 11,565, Merits, Ana, Beatriz and Cecilia
González Pérez, Mexico, April 4, 2001, par.45.
319
IACHR. Application to the Inter-American Court of Human Rights in the case of Valentina Rosendo Cantú et al. v.
Mexico, Case 12,579, August 2, 2009, par.90; Application to the Inter-American Court of Human Rights in the case of Inés
Fernández Ortega, México, Case 12,580. May 7, 2009, par. 117.
320
I/A Court H.R., Case of Rosendo Cantú et al. v. Mexico. Preliminary Objection, Merits, Reparations and Costs.
Judgment of August 31, 2010. Series C No. 216, par. 109.
321
I/A Court H.R., Case of the Miguel Castro Castro Prison v. Peru. Merits, Reparations and Costs. Judgment of
November 25, 2006. Series C No. 160, par. 311; and Case of Rosendo Cantú et al. v. Mexico. Preliminary Objection, Merits,
Reparations and Costs. Judgment of August 31, 2010. Series C No. 216, par. 114.
322
I/A Court H.R., Case of Rosendo Cantú et al. v. Mexico. Preliminary Objection, Merits, Reparations and Costs.
Judgment of August 31, 2010. Series C No. 216, par. 117; and Case of Fernández Ortega et al. v. Mexico. Preliminary Objection,
Merits, Reparations and Costs. Judgment of August 30, 2010. Series C No. 215, par. 127.
323
I/A Court H.R., Case of Rosendo Cantú et al. v. Mexico. Preliminary Objection, Merits, Reparations and Costs.
Judgment of August 31, 2010. Series C No. 216, par. 121; and Case of Fernández Ortega et al. v. Mexico. Preliminary Objection,
Merits, Reparations and Costs. Judgment of August 30, 2010. Series C No. 215, par. 131.
324
I/A Court H.R., Case of the Ituango Massacres v. Colombia. Preliminary Objection, Merits, Reparations and Costs.
Judgment of July 1, 2006. Series C No. 148, par. 193; and the Case of the Massacres of El Mozote and Nearby Places v. El
Salvador. Merits, Reparations and Costs. Judgment of October 25, 2012. Series C No. 252, par.166.
325
I/A Court H.R., Case of J. v. Peru. Preliminary Objection, Merits, Reparations and Costs. Judgment of November 27,
2013. Series C No. 275, par.367. Case of Fernández Ortega et al. v. Mexico. Preliminary Objection, Merits, Reparations and
Costs. Judgment of August 30, 2010. Series C No. 215, par.129; and Case of Gudiel Álvarez et al. (Diario Militar) v. Guatemala.
Merits, Reparations and Costs. Judgment of November 20, 2012. Series C No. 253, par. 276.
326
I/A Court H.R., Case of Rosendo Cantú et al. v. Mexico. Preliminary Objection, Merits, Reparations and Costs.
Judgment of August 31, 2010. Series C No. 216, par. 119; and Case of Fernández Ortega et al. v. Mexico. Preliminary Objection,
Merits, Reparations and Costs. Judgment of August 30, 2010. Series C No. 215, par. 129.