V.R.P. and V.P.C. v. Nicaragua

The petitioner in this case, Mrs. V.P.C., alleged that her daughter, V.R.P., was raped by her father on two occasions when she was nine years old. The petitioner alleged numerous irregularities throughout the criminal process that resulted in its unreasonably long length and in impunity, including lack of due diligence in how the case was handled, lack of medical examination of the alleged perpetrator, and irregular jury composition and treatment. Furthermore, she alleged that the medical examinations of her daughter by the State did not comply with minimum international standards and re-victimized her, as a result of hostile and aggressive treatment; the presence of other people, including a judge and a prosecutor; and lack of information about the examination. The petitioner maintained that her daughter was not provided with comprehensive medical attention, including psychological care. Further, the petitioner also alleged that she and her daughter were discriminated against by State officials during the proceedings because it was a case regarding sexual violence.

The State denied the petitioner’s allegations. It argued that the criminal process complied with the legal requirements established by the Nicaraguan legal system. It maintained that after receiving the complaint for rape it carried out multiple procedures in order to clarify the facts. It noted that the decisions adopted by domestic courts adequately assessed the evidence submitted. It maintained that the medical examinations conducted on V.R.P. complied with domestic procedures, and that the best interest of the child was taken into account at all times.