M.C. v. BULGARIA JUDGMENT
3
15. A. then suggested stopping for a swim at a nearby reservoir.
According to the applicant, they went there despite her objections. She
submitted that she had not suspected the men's intentions.
2. Events at the reservoir
16. At the reservoir, the applicant remained in the car, in the front
passenger seat, saying that she was not interested in swimming. The three
men headed towards the water. Soon afterwards, P. came back and sat in the
front seat next to the applicant.
17. In her statements to the investigating authorities, the applicant
submitted that P. had then pressed his body against hers, proposed that they
“become friends” and started kissing her. The applicant had refused his
advances and had asked him to leave. P. had persisted in kissing her while
she had tried to push him back. He had then moved the car seat back to a
horizontal position, grabbed her hands and pressed them against her back.
The applicant had been scared and at the same time embarrassed by the fact
that she had put herself in such a situation. She had not had the strength to
resist violently or scream. Her efforts to push P. back had been
unsuccessful, as he had been far stronger. P. had undressed her partially and
had forced her to have sexual intercourse with him.
18. In her testimony, the applicant stated: “It was my first time and it
hurt a lot. I felt sick and I wanted to throw up. I started crying.”
19. According to P.'s statements, he had had sex with the applicant in the
car with her full consent. He had started kissing her, she had responded, and
he had tried unsuccessfully to unbutton her jeans or loosen her belt,
whereupon she had done so herself and had taken off her pants.
20. After P. had finished, he left the car and walked towards A. and V.A.
In his submissions to the police, A. said that P. had told them that he had
“shagged” the applicant. Shortly afterwards, the three men returned to the
car and the group drove off.
21. In her submissions to the investigator, the applicant stated that she
had later come to suspect that the three men had planned to have sex with
her and had invented the pretext of swimming to drive to a deserted area. In
particular, she did not remember A. and V.A. being wet when they had
come back to the car, although they had insisted on going to the reservoir
for a swim.