M.C. v. Bulgaria, Application No. 39272/98, European Court of Human Rights

The applicant is a girl, 14 years of age, who accused two men of raping her. She testified as to the first rape that she was scared and embarrassed, and did not have the strength to resist violently or scream for help. On the second incident, the victim similarly testified that she did not have the strength to resist violently and had merely begged the man to stop. The police, in their investigation, found that there was no evidence demonstrating the use of force or threats. On this basis, the prosecution ordered the closure of the investigation. The applicant thus filed suit against Bulgaria, arguing that Bulgarian law and practice did not provide effective protection against rape and sexual abuse, as only cases where the victim had resisted actively were prosecuted, regardless of the absence of consent. The European Court of Human Rights found that Bulgaria breached its positive duties under the Convention for the Protection of Human Rights and Fundamental Freedoms.