The influence exerted by discriminatory socio-cultural patterns may cause a victim’s credibility to be questioned in cases involving violence, or lead to a tacit assumption that she is somehow to blame for what happened, whether because of her manner of dress, her occupation, her sexual conduct, relationship or kinship to the assailant and so on. The result is that prosecutors, police and judges fail to take action on complaints of violence. These biased discriminatory patterns can also exert a negative influence on the investigation of such cases and the subsequent weighing of the evidence, where stereotypes about how women should conduct themselves in interpersonal relations can become a factor.349 269. Regarding the concept of gender stereotypes, the Inter-American Court has indicated that: (...) gender stereotyping refers to a preconception of personal attributes, characteristics or roles that correspond or should correspond to either men or women. (...) the subordination of women can be associated with practices based on persistent socially-dominant gender stereotypes, a situation that is exacerbated when the stereotypes are reflected, implicitly or explicitly, in policies and practices and, particularly, in the reasoning and language of the judicial police authorities, as in this case. The creation and use of stereotypes becomes one of the causes and consequences of gender-based violence against women.350 270. The IACHR considers it relevant to address the factors of re-victimization that women who are victims of violence could suffer as they seek justice, associated with the lack of sensitivity to the situation of victims, their sex and the seriousness of the facts alleged, the lack of sufficient protection of their dignity and privacy during the judicial processes, the multiple interrogations to which they are subjected at the hands of different officials and sometimes in public, and other factors.351 3.2. Analysis of the investigations and criminal processes pursued in this case 3.2.1. On the initial care received by Linda Loaiza López 271. The Commission has already established that Linda Loaiza López was subjected to an extreme and prolonged situation of gender violence—including sexual violence and rape—that gravely affected her human rights. This situation is evident due to the situation in which the victim was found, her injuries, and her statements to the effect that she had been the victim of sexual violence. Under these circumstances, from the moment the authorities responded to the victim’s call for rescue and accessed the place where she was, they were obliged to provide her with immediate and comprehensive care that took into consideration her special situation of vulnerability as a victim of this type of violence. The Commission finds that given the condition in which she was found, it was particularly essential for Linda Loaiza López to be removed as soon as possible from her place of captivity and receive the medical care that her grave physical and health status demanded. 272. Nevertheless, the Commission observes that due to the lack of coordination among the authorities at the moment of Linda Loaiza López’s rescue, she had to stay for a number of hours in the apartment where she had been held, surrounded by a significant number of people, including officials, medical personnel, the public prosecutor, and even the owner of the apartment, without any clarity as far as how to move forward as quickly as possible. Both her testimony and that of the officials who attended her indicate that she was highly fearful and desperate to leave that place, afraid her attacker would return. 349 para. 155. IACHR, Access to Justice for Women who are Victims of Violence in the Americas. OEA/SER.L/V/II. Doc. 68. January 20, 2007, 350 Inter-American Court. Case of González et al. (“Cotton Field”) v. Mexico. Preliminary Objections, Merits, Reparations and Costs. Judgment of November 16, 2009. Series C No. 205, para. 401. 351 IACHR, Access to Justice for Women who are Victims of Violence in the Americas. OEA/SER.L/V/II. Doc. 68. January 20, 2007, paras. 141-142.

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