8
M.C. v. BULGARIA JUDGMENT
56. On 7 January 1997 the district prosecutor ordered an additional
investigation. The order stated that the initial investigation had not been
objective, thorough or complete.
57. On 16 January 1997 the investigator to whom the case had been
referred appointed a psychiatrist and a psychologist to answer several
questions. The experts were asked, inter alia, whether it was likely that the
applicant would have spoken calmly with Ms T., the singer at the restaurant,
and then listened to music in the car, if she had just been raped and whether
it was likely that several days after the alleged rape the applicant would
have gone out with the person who had raped her.
58. The experts considered that, owing to her naivety and inexperience,
the applicant had apparently not considered the possibility that she might be
sexually assaulted. There was no indication that she had been threatened or
hurt, or that she had been in a state of shock during the events, as she had
demonstrated a clear recollection of them. The experts considered that
during the events she must have been suddenly overwhelmed by an internal
conflict between a natural sexual interest and a sense that the act was
reprehensible, which had “reduced her ability to resist and defend herself”.
They further found that the applicant was psychologically sound and that
she had understood the meaning of the events. In view of her age at the
time, however, she “could not assert a stable set of convictions”.
59. The experts also found that, if there had indeed been a meeting
between Ms T. and the applicant after the events at the reservoir – and this
was disputed – it was still possible that the applicant could have had a short
exchange with Ms T. after being raped. As to the applicant going out with P.
several days after the events, this could be easily explained by her family's
desire to lend a socially acceptable meaning to the incident.
60. On 28 February 1997 the investigator concluded his work on the
case and drew up a report, again proposing that the case should be closed.
He considered that the experts' opinion did not affect his earlier finding that
there was no evidence demonstrating the use of force or threats.
61. On 17 March 1997 the district prosecutor ordered the closure of the
criminal investigation. He found, inter alia, that the use of force or threats
had not been established beyond reasonable doubt. In particular, no
resistance on the applicant's part or attempts to seek help from others had
been established.
62. The applicant lodged consecutive appeals with the regional
prosecutor's office and the Chief Public Prosecutor's Office. The appeals
were dismissed in decisions of 13 May and 24 June 1997 respectively.
63. The prosecutors relied, inter alia, on the statements of the alleged
perpetrators and V.A. that the applicant had not shown any signs of distress
after having sex with P. at the reservoir, and the evidence of the three men
and Ms T. that the latter had met the applicant and had spoken with her that
night. As regards the applicant's objections that those statements should be