of the Convention, which encompasses their sexual life or sexuality. 176 Sexual violence violates essential values and aspects of a person’s private life, supposes interference in their sexual life, and annuls their right to take decisions freely about who they wish to have sexual relations with, causing them to lose complete control over their most personal and intimate decisions and over basic bodily functions.177 142. It has also considered that rape is any act of vaginal or anal penetration without the victim’s consent using parts of the aggressor’s body or objects, as well as oral penetration by the male organ.178 143. Additionally, the Court notes that, in this case, the general obligations derived from Articles 5 and 11 of the American Convention are reinforced by the specific obligations derived from the Inter-American Convention to Prevent and Punish Torture. Articles 1 and 6 of this inter-American convention reinforce the absolute prohibition of torture and the obligation of the States to prevent and to punish any act of torture or attempt to commit torture and other cruel, inhuman or degrading treatment within their jurisdiction. 144. In this case, the dispute centers on what happened to the presumed victim while she was detained. In order to analyze what happed to the presumed victim, the Court will take into account the different evidence that helps determine what happened, and will examine them in the following order: B.1) the statements made by Azul Rojas Marín; B.2) the forensic medical examination, and B.3) the expert appraisal of the presumed victim’s clothing. Then, the Court will determine B.4) the ill-treatment that occurred, and B.5) the legal classification. B.1 The statements made by Azul Rojas Marín 145. The file in this case reveals that the presumed victim filed a verbal complaint about the facts with the police on February 27, 2008, at 4 p.m.;179 a statement of the facts on February Cf. Case of Fernández Ortega et al. v. Mexico. Preliminary objection, merits, reparations and costs. Judgment of August 30, 2010. Series C No. 215, para. 129, and Case of Women Victims of Sexual Torture in Atenco v. Mexico. Preliminary objection, merits, reparations and costs, supra, para. 179. 176 Cf. Case of J. v. Peru. Preliminary objection, merits, reparations and costs, supra, para. 367, and Case of Women Victims of Sexual Torture in Atenco v. Mexico, supra, para. 179. 177 Cf. Case of the Miguel Castro Castro Prison v. Peru. Merits, reparations and costs. Judgment of November 25, 2006. Series C No. 160, para. 306, and Case of Women Victims of Sexual Torture in Atenco v. Mexico. Preliminary objection, merits, reparations and costs, supra, para. 182. 178 Ms. Rojas Marín reported that, at the time of the detention, they shouted at her: “Get in, cabro concha de tu madre” and when she did not do so, they shouted the same insults three times and then hit her with the police baton in the solar plexus to make her get into the van. On arrival at the Casa Grande Police Station, they locked her in a room “and then three police agents entered; one of them began to say ꞌte gusta la pin… concha de tu madre; take your clothes off’ and, as she did not want to do this, they slapped her, and as she did not undress, the police agents began to undress her forcibly and they tore her underwear. […] then, a police agent tried to introduce the baton [in her] anus, and as he was unable to do this, they pushed [her] against the wall and took [her] clothes, leaving [her] naked. Then a tall police agent approached and began to caress [her] face and neck with his hands saying ꞌte gusta la p…, concha de tu madreꞌ to which [Ms. Rojas Marín] reacted by spitting in his face. The police then withdrew leaving [her] alone in the room. Later, a police agent threw [her] clothes at [her] so that [she] could get dressed and, on checking the pockets of her trousers, [she] could not find her mobile telephone […] and [cash] so [she] proceeded to demand them back and they told [her] that there had been nothing in the trousers and they again undressed [her] and left [her] naked until 6 a.m. that day, when a police technician arrived […] and on seeing her said ꞌWhat’s this fucking fag doing here!.’ Then they gave [her] back [her] clothes so that [she] could get dressed and following this, [she] again asked the police technician […] to return her things, and he answered: ꞌLeave maricon concha de tu madre, they should have put you in a cell so that everyone could fuck you.” Cf. Verbal complaint made by Azul Rojas Marín at the Casa Grande Police Station on February 27, 2008 (evidence file, folio 2793). 179 38

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