treatment, the physical and mental aftereffects of which vary in intensity based on factors that are exogenous and endogenous to the individual (such as, duration of the treatment, age, sex, health, context, and vulnerability) that must be analyzed in each specific situation. 203 160. The Court has understood that, in light of Article 5(2) of the Convention, “torture” is any act of abuse that: (i) is intentional; (ii) causes severe physical or mental suffering, and (iii) is committed with any objective or purpose. 204 The Court has also recognized that threats and the real danger of subjecting a person to serious physical injuries produces, in certain circumstances, moral anguish of such intensity that it may be considered “psychological torture.”205 Similarly, the Court has reiterated that rape and other forms of sexual violence may constitute cruel, inhuman or degrading treatment and even acts of torture if the elements of the definition are met.206 To classify a rape as torture, it is necessary to examine the intentionality, the severity of the suffering, and the purpose of the act, taking into consideration the specific circumstances of each case.207 The Court will now examine whether these elements were present in the abuse of which Azul Rojas Marín was a victim. 161. Regarding the existence of an intentional act, the evidence in the case file proves that the abuse was inflicted on the presumed victim deliberately. Indeed, the statements reveal that the state agents hit Ms. Rojas Marín intentionally on several occasions and raped her by introducing the police baton in her anus. 162. Based on the evidence provided, the Court finds that the severity of the abuse suffered by the presumed victim has been proved. The Court has established that rape is an extremely traumatic experience that has severe consequences and causes great physical and psychological harm, leaving the victim “physically and emotionally humiliated.”208 On this point, the forensic medical examination ratified the presence of extragenital and anal injuries (supra para. 151), and the blood found on the back of the presumed victim’s trousers reveals that, possibly following the rape, when putting the trousers back on, the bleeding continued. Also, Ms. Rojas Marín indicated that the “first four days the pain was most intense, she was even afraid to defecate because it hurt.”209 She also indicated that “it hurt her to sit down, she felt pressure, she had to find a comfortable position.”210. Cf. Case of Loayza Tamayo v. Peru. Merits, supra, paras. 57 and 58, and Case of Montesinos Mejía v. Ecuador. Preliminary objections, merits, reparations and costs, supra, para. 150. 203 Cf. Case of Bueno Alves v. Argentina. Merits, reparations and costs. Judgment of May 11, 2007. Series C No. 164, para. 79, and Case of Ruiz Fuentes et al. v. Guatemala. Preliminary objection, merits, reparations and costs. Judgment of October 10, 2019. Series C No. 385, para. 129. 204 Cf. Case of Cantoral Benavides v. Peru. Reparations and costs. Judgment of December 3, 2001. Series C No. 88, para. 102, and Case of Women Victims of Sexual Torture in Atenco v. Mexico. Preliminary objection, merits, reparations and costs, supra, para. 192. 205 Cf. Case of Rosendo Cantú et al. v. Mexico. Preliminary objection, merits, reparations and costs, supra, paras. 110 and 112, and Case of Women Victims of Sexual Torture in Atenco v. Mexico. Preliminary objection, merits, reparations and costs, supra, para. 193. 206 Cf. Case of Fernández Ortega et al. v. Mexico. Preliminary objection, merits, reparations and costs, supra, para. 128, and Case of Women Victims of Sexual Torture in Atenco v. Mexico. Preliminary objection, merits, reparations and costs, supra, para. 193. 207 Cf. Case of the Miguel Castro Castro Prison v. Peru. Merits, reparations and costs, supra, para. 311, and Case of López Soto et al. v. Venezuela. Merits, reparations and costs. Judgment of September 26, 2018. Series C No. 362, para. 187. 208 Expansion of the statement made by Azul Rojas Marín at the Casa Grande Police Station on March 6, 2008 (evidence file, folio 2819). 209 Expansion of the statement made by Azul Rojas Marín at the Casa Grande Police Station on March 6, 2008 (evidence file, folio 2819). 210 43

Select target paragraph3