torture has highlighted that “in situations where the perpetrator has complete control over the victim the issue of consent becomes irrelevant.”270 Along these lines, the Commission underscores that the lack of direct evidence of an absence of consent in a particular case does not preclude a finding that sexual violence or rape took place. 188. In this case, it is an unchallenged fact that on July 19, 2001, Linda Loaiza López was rescued from a situation of deprivation of liberty with obvious and extremely serious physical injuries. During domestic investigations, in addition to the physical injuries, “gynecological injuries” were also found. However, no criminal responsibility was assigned for crimes related to sexual violence.271 Before beginning its analysis of the available evidence on what happened to Linda Loaiza López, the Commission takes note of these minimal findings made in the context of the domestic criminal process. However, the Commission notes that these findings were incompatible with the standards of the duty to investigate with due diligence as it will be analyzed below. López. 189. Hereinafter, the Commission will weigh the evidence on what happened to Linda Loaiza 190. First, the Commission takes into account the detailed and consistent description of the facts that Linda Loaiza López herself has said she suffered from while deprived of liberty. Both the victim’s testimony during the public hearing in the case and her testimony to domestic authorities are consistent in identifying her attacker; in describing the way in which she was detained with violence and death threats on March 27, 2001, when leaving her residence; in explaining in detail the initial acts of violence to which she was subjected; and in indicating she had been raped from the first day and “every day” she remained kidnapped by her attacker, penetrated both by parts of her attacker’s body and objects such as bottles and broomsticks. She also described the severe blows she received from her attacker all over her body and with all manner of objects, as well as cigarette burns. 191. Linda Loaiza López has also consistently described the conditions she faced for four months. They included being deprived of food, always handcuffed or tied in some way, without free access to personal and intimate hygiene; she was forced to remain naked, to cook for her attacker, to clean the apartment that was covered in blood, to drink alcohol and take drugs, and to watch pornography and perform the depicted acts with her aggressor. She also stated that despite her poor physical condition resulting from the injuries, she did not have access to medical treatment, which worsened certain injuries—such as the ones in her ears, which her attacker drained by “jabbing” them with a syringe. 192. Linda Loaiza López also consistently indicated that she was kept deprived of liberty and faced death threats against both her and her family, for whom the attacker had contact information. Linda Loaiza López stated that she was taken to a number of locations—even outside the city of Caracas—against her will, and that any attempt to alert the public to her situation was useless due to both her attacker’s coercion and to his claims that they were a couple and/or were having problems that they were working out. 193. Second, a significant portion of the sexual and psychological violence described by Linda López is supported by elements of the body of evidence in this case. 194. On one hand, and as detailed in the section on the facts, both the forensic medical examinations and multiple medical reports reveal the injuries and severe impact that Linda Loaiza López suffered to her physical and mental health. Specifically, after being rescued and despite the delay in performing essential examinations, Linda Loaiza López had a “full and healed tearing extending to the 270 United Nations. Second Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Manfred Nowak, before the Human Rights Council. A/HRC/7/3. January 15, 2008, para. 63. 271 Without prejudice to this, during the public hearing in the case, the representatives of the State noted that although the facts were not classified as rape, they could have fallen under other substantive criminal laws related to Linda Loaiza López’s sexual autonomy, although they clarified that such classification was the responsibility of the justice system.