Process No. 23508 (Nelson Armando Otalora Cardena)

In 2002, Ms. Sandra Patricia Lamprea Duque, a 23 year old Colombian woman, reported that she was raped by Nelson Otalora, the accused. The rape was part of multiple instances of mistreatments, threats, harassments and economic exploitations that lasted for eight years between 1994 and 2002. Due to statutory limitations, the accused was only charged with rape which took place in 2002. The Court of First Instance acquitted the accused based on the reasoning that Sandra Patricia had had a relationship, albeit a difficult one, with the accused and therefore the act at issue could not be ascertained as without consent. The Court of Second Instance found the accused guilty and sentenced him to imprisonment on the reasoning that occurrence of violence renders historical sexual intimacy and lack of resistance during the act at issue irrelevant. The Court also concluded that the credibility of the victims of sexual violence could not be questioned by the court based on previous sexual relations, that lawyers must respect fundamental human rights and that a victim of sexual violence should not be “re-victimized” by legal professionals during legal proceedings involving sexual violence. The Court noted, however, that lack of consent could not be inferred from a dysfunctional relationship, as was the case between the aggressor and the accused.

Year 

2009

Institution 

Supreme Court of Justice

Avon Center work product 

ID 

1125