4
M.C. v. BULGARIA JUDGMENT
3. The alleged second rape
22. The applicant later testified that after the first rape she had been very
disturbed and had cried most of the time. According to the version of events
given by P. and A. when later questioned, the applicant had been in an
excellent mood, had started caressing A., which had irritated P., and had
asked to go to a bar or a restaurant. The group had gone to a restaurant,
where the applicant had briefly talked with a Ms T., the singer performing
there. Ms T. had been sitting at a table there with one Mr M.
23. Ms T., the singer, stated that on 1 August 1995 she had been in the
restaurant with Mr M. Shortly after midnight the applicant, whom she knew
vaguely, had approached her and asked whether her group would be
performing in the next few days. Ms T. recalled having seen at that moment
a man waiting at the door. Having heard the answer to her question, the
applicant had left. Ms T. stated that the applicant had appeared cheerful and
that there had been nothing unusual in her behaviour.
24. Mr M. was also questioned by the police. He stated that he knew the
applicant very well and that he did not remember having seen her that night.
25. The applicant disputed the statements of P., A., V.A. and Ms T.,
maintaining that there had been no visit to a restaurant and that she did not
know Ms T. The applicant and her mother later accused Ms T. of perjury
(see paragraphs 66-68 below).
26. Instead of returning to K., at around 3 a.m. the group went to a
neighbouring town, where V.A.'s relatives had a house. A., V.A. and the
applicant got out of the car. P., who was the owner of the car, drove off.
27. The three men and a baker, Mr S., called by them as a witness, later
maintained that in the meantime there had been a short stop at Mr S.'s
bakery. Mr S. allegedly had the key to the house. Mr S., when interrogated,
stated that at about 2 a.m. he had given the key to V.A. and had seen the
applicant waiting in the car, apparently in a good mood. Loud music had
been coming from the car. The applicant disputed that there had been any
visit to a baker's shop and accused the baker of perjury. P., A. and V.A.
submitted in their statements that they had decided to go to the house as the
applicant had told them that she had quarrelled with her mother and did not
want to go back home.
28. The applicant stated to the police that she had felt helpless and in
need of protection. As A. was the brother of a classmate of hers, she had
expected such protection from him and had followed him and V.A. into a
room on the ground floor of the house.
29. There was one bed in the room and the applicant sat on it. The two
men smoked and talked for a while. V.A. then left the room.
30. The applicant maintained that at that point A. had sat next to her,
pushed her down onto the bed, undressed her and forced her to have sex
with him. The applicant had not had the strength to resist violently. She had
only begged the man to stop. She later related in her statement: