J. v. Peru. Series C No. 275

Key paragraph(s) can be found below the document.


127. […] the concept of “arbitrariness” should not be equated to “contrary to the law,” but should be interpreted more broadly in order to include elements of impropriety, injustice and unpredictability.

344. Among other matters, a criminal investigation into sexual violence requires that: (i) the victim’s statement is taken in a safe and comfortable location, that provides privacy and confidence: (ii) the victim’s statement is recorded in such a way as to avoid or limit the need to repeat it; (iii) the victim is provided with medical, psychological and health care, on an emergency basis and continuously if this is required, by a treatment protocol designed to reduce the consequences of the rape; (iv) a complete medical and psychological examination is performed immediately by appropriate trained personnel, of the sex indicated by the victim, insofar as possible, informing her that she may be accompanied by a person of her confidence if she so wishes; (v) the investigative actions are documented and coordinated and the evidence is handled diligently, taking sufficient samples, conducting tests to determine the possible authorship of the act, securing other evidence such as the victim’s clothes, investigating promptly the site of the facts, and ensuring the proper chain of custody, and (vi) access to free legal assistance is provided to the victim during all stages of the proceedings.


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