Azul Rojas Marín et al. v. Peru Series C 402
A selection of key paragraphs can be found below the judgement.seriec_402_ing
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’ […].
163. Lastly, regarding the purpose, the Court has considered, in general, that rape, like torture, seeks, among other objectives, to intimidate, degrade, humiliate, punish or control the person subjected to it.
164. […] The Court considers that the anal rape and the comments relating to sexual orientation also reveal a
discriminatory purpose, so that this was an act of violence based on prejudice.
165. Furthermore, the Court notes that the case can be considered a ‘hate crime’ because it is clear that the
aggression against the victim was based on her sexual orientation; in other words, this crime not only damaged the rights of Azul Rojas Marín, but was also a message to the whole LGBTI community, a threat to the freedom and dignity of this entire social group.
166. Based on the foregoing, the Court concludes that the series of abuses and aggressions suffered by Azul Rojas Marín, including the rape, constituted an act of torture by state agents.