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M.C. v. Bulgaria

European Court of Human Rights

[2003] ECHR 39272/98

Relevant factsFree

A 14-year-old Bulgarian girl, M.C. (petitioner), was invited by acquaintances to a disco bar and reservoir, where one man forced her to have intercourse in a car and, hours later, another forced her to have intercourse at a house, in both instances without her physical resistance because she felt frightened and powerless rather than because she consented. She and her mother went straight to a hospital, but Bulgarian investigators, focused on the absence of physical resistance, found insufficient evidence of compulsion and terminated the criminal proceedings after M.C.'s appeals to domestic authorities failed. M.C. brought a complaint against Bulgaria under the European Convention on Human Rights.

IssueFree

Whether, under the European Convention on Human Rights, a member state must effectively investigate and prosecute a non-consensual sexual act that involves an absence of physical resistance by the victim.

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