they were offensive to her as the victim in this proceeding. However, the judge found that nothing “had been
said to offend the victim” and that the right of the defense to make his arguments should be respected. The
attorney for the defense stated that what had happened was a “consensual [...] meeting between the quoteunquote worker and [her] client and there was space for them to fall in love [... and that’s how] a relationship
[began].” The defense stated the following:
[...] if we delve a little further into the start of this situation, we ask ourselves, who is LINDA
LOAIZA LOPEZ SOTO? Well, according to the information provided and documented, [...] she
is a humble young woman from a village [in the] State of Mérida, a young woman who [...]
comes to Caracas with the specific desire to move forward [...] but she never really found
these marvelous opportunities that she was dreaming of [...] what she did find was a kind of
job that I’m not going to specifically describe, but we all know is the oldest profession in the
world, so LINDA LOAIZA LÓPEZ comes in contact with [Carrera Almoina], a person who is
to a certain extent cultured, has a certain standing in society, we’re not going to say that he
is rich man, but he is a man who at that time had certain financial means that enabled him
certain indulgences, for example good restaurants, nice meals, a decent vehicle, [...] [Carrera
Almoina] was dazzling for LINDA LOAIZA LOPEZ SOTO and made her fall in love and on
[April 27, 2001], she gives him some wallet-sized photos where on one of them she writes
‘Here’s something simple I’m giving you with much love and tenderness and of great value’
[... after] a month and several days [from the first encounter] they started going out, to put
it one way, and now LINDA LOAIZA LOPEZ SOTO felt like she lucked out, going from Tucaní,
a humble village [...] to this great metropolis and getting an extraordinary man, but what
really happens with the job LINDA LOAIZA LOPEZ SOTO is doing is that [Carrera Almoina]
had to accept her whim to continue doing that job [...] 152
111.
The defense argued that the “romantic problems” started when he learned of her family
problems, especially the problems with her sister, Ana Secilia López, who she did not get along with, and
because Linda Loaiza López was coming home beaten up without telling him why and “because she was so
stubborn” she did not let him help her. Luis Carrera Almoina also stated that at some of their encounters she
was “on drugs” and “enraged” because she had also fought with another man who “she had also taken a piece
out of.” He also stated that the facts of July 19, 2001, took place while Linda
Loaiza López was “both mentally and emotionally disfigured because […] her partner was no longer going to
be her partner,” and after arguing with Luis Carrera Almoina, she had decided to appear at the window of the
apartment where she was rescued “in the conditions that [according to the defense have not been
demonstrated]. Also, with regard to the facts of sexual violence, he reiterated that the relations were always
consensual and questioned whether insertion of “bottles [...] in the anus” or “hands in the vagina” could really
be possible in “such an intimate and delicate space.”153
112.
In his testimony, Luis Carrera Almoina answered the Tribunal’s questions on the supposed
“work” Linda Loaiza López did with the escort service, her reaction when Luis Carrera Almoina decided to
end the “relationship,” and, among other things, asked him if she ever attacked him, to which he responded
that “without realizing it, [Linda] hit [him].”154
113.
The Commission highlights certain aspects of the analysis used by the Twentieth Court both
in assessing the evidence, testimony, and expert witness testimony and in its reasoning in acquitting the
defendant.
152 Annex 4. Decision of the Twentieth First Instance Criminal Trial Tribunal of the Caracas Metropolitan Area Criminal Circuit.
Single-judge tribunal, November 5, 2004. Case No. 20,253. Annex D of the brief from the petitioners, July 14, 2009.
153 Annex 4. Decision of the Twentieth First Instance Criminal Trial Tribunal of the Caracas Metropolitan Area Criminal Circuit.
Single-judge Tribunal, November 5, 2004. Case No. 20,253. Annex D of the brief from the petitioners, July 14, 2009.
154 Annex 4. Decision of the Twentieth First Instance Criminal Trial Tribunal of the Caracas Metropolitan Area Criminal Circuit.
Single-judge Tribunal, November 5, 2004. Case No. 20,253, pgs. 70, 90-91. Annex D of the brief from the petitioners, July 14, 2009.