185. In the same sense, in cases where sexual assaults are alleged, the lack of medical evidence does not diminish the veracity of the alleged victim's statement. 145 In such cases, the occurrence of sexual violence or rape will not necessarily be reflected in a medical examination, since not all cases of sexual violence and/or rape cause physical injuries or illnesses verifiable through said examinations.146 186. In the case under examination, both the Commission and the representatives argued that Mr. Valenzuela was subjected to torture by the State on May 27, 1998, in his first detention, to make him confess about his alleged participation in the murder of a prosecutor, and on June 17 and 18, 2001 after being recaptured after his second escape in June 2001. In addition, the representatives indicated that the State is responsible for cruel, inhuman and degrading treatment against Mr. Valenzuela, as the alleged victim had not received adequate medical treatment. In this regard, the State denied the occurrence of such events, but recognized the lack of investigation of the alleged torture. 187. Based on these considerations, this Court will now analyze the alleged international responsibility of the State for the alleged torture, or cruel, inhuman or degrading treatment suffered by Mr. Valenzuela Ávila. B.1. Detention and imprisonment of Mr. Valenzuela 188. As established, Mr. Valenzuela Ávila was arrested on May 27, 1998 (supra para. 82). First, the Court will refer to the alleged torture that occurred that day after the arrest following the search.147 In this regard, the trial record No. 38-99 of October 11, 1999 issued by the Criminal Court of Quetzaltenango, records that Mr. Valenzuela stated that on that day he was a victim of torture through blows, suffocation with a rubber cloth and “gamezán”, and indicated that they penetrated “his anus for approximately fifteen seconds with [a] greased baton.”148 189. In addition, the Court notes that two detainees in the Preventive Detention Center for Men where the alleged victim was referred to Mr. Valenzuela's situation. Mr. SMR stated that on May 28, 1998, Mr. Valenzuela Ávila “arrived badly beaten, on his face, [and] he was defecating blood,” and Mr. EMM stated that on May 29, 1998, he saw that the alleged victim “could not nor sit to the extent that he slept standing up because he defecated blood” (supra para. 82). 190. In turn, Mrs. Rosa María Mendoza, the alleged victim's partner, also indicated that Mr. Valenzuela told her that on the day of his arrest: “[...] they covered his face with a plastic bag Cf. Case of J. v. Peru, supra, para. 333, and Case of Espinoza González v. Argentina, supra, para. 153. Cf. Case of Fernández Ortega et al. v. Mexico, supra, para. 124, and Case of Espinoza González v. Argentina, supra, para. 153. 147 It will not refer to the alleged detention that occurred prior to the search of his home for the reasons stated in relation to Article 7 of the Convention (infra para. 216 and 217). 148 Record of Trial 38-99 of October 11, 1999, supra. […] what I want you to tell me, look, son of a bitch, I'm going to take you with me (sic) the bastard took out a black baton from a black bag […] you're going to talk, they lowered my pants (sic) and my underpants, on top from the ramp to be [..] (sic) one of them began to rub the baton on my anus, do you want to talk, I’m not doing anything… and I started to cry and I didn't answer any questions. It was at that moment that he inserted the greased baton into my anus for about fifteen seconds, but for me it took forever and he moved it and took it out, please don't (sic) kill me I have children pardon my life, …I’m just fucking your ass but if you don't tell me I will kill you, he started wanting to insert it again I started (sic) to squirm as the baton (sic) was covered with grease (sic) he couldn't put it in due to the movements, the baton fell and hurt my right testicle, I screamed at that moment he told another private officer with the piece of rubber, bring the hood and cover his mouth […]. 145 146 46