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 321 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 325 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.

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