M.C. v. BULGARIA JUDGMENT
5
“I started crying and asked him to stop ... He started caressing my breasts and
sucking my neck ... At some point he took my jeans and my pants off with his feet.
Then he spread my legs apart with his legs and forced his way into me ... [After he
finished] I started crying and I continued crying until some time in the morning, when
I fell asleep ... [V.A.] woke me up telling me that [A.] had gone to find a car to drive
me back to K. I sat on the bed and started crying.”
31. A.'s position before the police was that he had had sex with the
applicant with her full consent.
4. The morning of 1 August 1995
32. On the following morning at around 7 a.m., the applicant's mother
found her daughter in the house of V.A.'s relatives. The applicant's mother
stated that, having learned from neighbours that her daughter had been seen
the previous evening with A., she had been on her way to A.'s house when
she had met V.A. in the street. V.A. had allegedly tried to mislead the
applicant's mother in an effort to gain time and warn A. However, she had
insisted.
33. The applicant and her mother maintained in their submissions during
the investigation that the applicant had told her mother right away that she
had been raped. A. had also been there. He had told the applicant's mother
that “a truck driver” had had sex with her daughter the previous night.
34. According to A.'s version of events, the applicant and her mother
had quarrelled, the applicant allegedly refusing to go with her and telling
her to go away. A neighbour, apparently named as a witness by A. or V.A.,
stated that he had heard the quarrel and, in particular, the refusal of the
applicant to leave with her mother and her saying that nothing had happened
to her. The applicant accused the witness of perjury.
35. The applicant and her mother went directly to the local hospital,
where they were directed to see a forensic medical examiner. The applicant
was examined at about 4 p.m.
36. The medical examiner found that the hymen had been freshly torn.
He also noted grazing on the applicant's neck, measuring 35 mm by 4 mm,
and four small oval-shaped bruises. As noted in the medical certificate, the
applicant had reported only one rape, stating that it had occurred between
10.30 and 11 p.m. the previous day at the reservoir.
B. Events between 1 and 11 August 1995
37. The applicant submitted that during the next few days she had
refused to talk to her mother about the incident. She had given no details
and had not mentioned the second rape at all. She explained that she lived in
a conservative small-town environment where virginity was considered to
be an asset for marriage. She felt ashamed of the fact that she had “failed to
protect her virginity” and of “what people would say about it”.