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.