38 119. The Court, following international jurisprudence and taking into account the provisions of the said Convention, has considered previously that sexual violence is committed by means of acts of a sexual nature, committed on a person without their consent and that in addition to involving physical invasion of the human body, may include acts which do not involve penetration or even any physical contact.107 Sexual abuse constitutes a paradigmatic form of violence against women, the consequences of which even transcend the personhood of the victim. 120. The Court will examine whether the facts of the present case can be subsumed in the crime of torture, as affirmed by the Inter-American Commission and the representatives. In this sense, the Court recalls that, in Bueno Alves v. Argentina,108 pursuant to the definition established in the Inter-American Convention to Prevent and Punish Torture, it understood that it is confronted with an act of torture when the mistreatment is: i) intentional; ii) causes severe physical or mental suffering, and iii) is committed with any objective or purpose. i) Intentionality 121. Regarding the existence of an intentional act, from the evidence in the case file it has been verified that the mistreatment was inflicted deliberately against the victim. Indeed, the Court considers it proven that one of the attackers took Mrs. Fernández Ortega by the hands, obliged her to lie down on the floor and, while rifles were pointed at her, penetrated her sexually while the other two observed the perpetration of the rape. ii) Severe physical or mental suffering 122. In order to analyze the severity of the victim’s suffering, the Court must take into account the specific circumstances of each case. As such, characteristics of the action, the duration, the method used, or the way in which the suffering was inflicted, the potential physical and mental effects, and also the status of the person who endured this suffering, including their age, gender, and physical condition, among other personal details, must be considered.109 123. Regarding the physical suffering, the Court recalls that a medical certificate issued three days after the incident indicated that there was no evidence of physical injuries (supra para. 86). However, the Court also has testimonial evidence indicating that the day following the incident Mrs. Fernández Ortega was sore and had physical aches and pains, and even summoned the assistance of a private physician (supra para. 84).110 124. Regardless of the above, in previous cases, the Court has established that an act of torture can be perpetrated both by acts of physical violence and by acts 107 Cf. Case of the Miguel Castro-Castro Prison v. Perú. Merits, Reparations, and Costs. Judgment of November 25, 2006. Series C No. 160, para. 306. 108 Cf. Case of Bueno Alves v. Argentina. Merits, Reparations, and Costs. Judgment of May 11, 2007. Series C No. 164, para. 79. 109 Cf. Case of the “Street Children”” (Villagrán-Morales et al.) v. Guatemala. Merits. Judgment of November 19, 1999. Series C No. 63, para. 74, and Case of Bueno Alves, supra note 108, para. 83. 110 Cf. Statement of Mr. Prisciliano Sierra before a public notary, supra note 66, folios 1500 and 1501; sworn statement of Mrs. Eugenio Manuel before a public notary, supra note 72, folio 1152; sworn statement of Mr. Ramírez Rodríguez before a public notary, supra note 72, folio 1510; sworn statement of Mr. Lugo Cortés before a public notary, supra note 67, folio 1532, and sworn statement of Noemí Prisciliano Fernández before a public notary, supra note 68, folio 1494.

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