Mexico City, Mexico, January 23, - At least half of women in Mexico have experienced sexual violence, with rates rising among both women and adolescent girls.
However, violence against women has worsened. The true extent is estimated to be far higher as the vast majority of crimes go unreported. ALIADAS analyzed 33 criminal codes that respond to Mexico's federal legal structure, under which, in addition to federal laws, states can implement their own laws and policies.
Sexual violence laws in Mexico are based on the use of force rather than a lack of consent. This overlooks the realities that women and girls face when raped and enables impunity for perpetrators. Definitions of rape must be based on genuine, and willing consent, and recognize the broad range of coercive circumstances where victims are incapable of giving consent. ALIADAS recommends that Mexico amends its penal code and harmonizes all legislation in line with international human rights standards by standardizing legal definitions in every jurisdiction.
The report outlined obstacles faced by survivors of sexual violence in seeking access to justice, including the fact that the burden of proof falls on the survivor to file the complaint, or her legal representatives if she is a minor. Other pressures on victims not to pursue cases include a lack of trust in police and other authorities, threats from organized crime, deeply entrenched machismo culture, and the prohibitive financial burdens of seeking legal assistance.
A related challenge faced by survivors is the allowance of "forgiveness" in crimes of sexual violence, whereby criminal proceedings can be terminated at the request of the victim or her legal guardian. An egregious legal loophole that makes adolescent girls especially vulnerable to sexual violence is estupro, a legal provision that can be applied when an adult rapes an adolescent girl who is above the legal age of consent but below the age of This provision persists in 28 federal entities - To increase justice for adolescent girls, ALIADAS advises that, in conjunction with reforming the definition of rape based on the international standard of lack of consent, the crime of estupro be repealed, as it perpetuates harmful myths and stereotypes about adolescent girls and ignores the unequal power dynamics between them and adults, allowing perpetrators to avoid the consequences of their crime.
