The victim, a 14-year old, alleged she was raped by two men, but an ensuing investigation found insufficient evidence of the girl having been compelled to have sex. The investigation found that force was not used and that therefore rape had not occurred. Before the ECHR, therefore, the victim alleged that Bulgarian law failed to protect her because it required force to be present for rape to have occurred, a higher standard than in other countries, where for example, only non-consent was necessary. She also challenged the thoroughness of the investigation. The ECHR found that Bulgaria violated its positive obligations under Articles 3 and 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. It ordered Bulgaria to pay the victim non-pecuniary damages and costs.
M.C. v. Bulgaria
European Court of Human Rights