There is a judicial and civil system that can help you if you decide to report and seek justice to prevent this from happening again and to stop the perpetrator from continuing to abuse others.
Whether the abuse comes from someone you know, your partner, or a stranger on the street, the law provides for prison sentences for those who sexually assault women and minors.
The law defines sexual abuse as including harassment by a stranger on the street, on public transportation, or in open spaces, with actions such as:
- Insinuations,
- Whistles and obscene remarks,
- Physical touching,
- Up to physical aggression by a family member, friend, or even your partner.
This applies when you do not consent to the sexual actions forced upon you.
Here’s what you should know about sexual abuse and rape in Mexico—what to do if you have been a victim, where and how to report the abuse, and what happens once you file the report.
How to report sexual abuse and rape in Mexico?
Report the assault. You can immediately call 911 to report the incident and ask for help.
Collect physical evidence to support the complaint as much as possible. We understand that after the assault, victims often seek to shower to cleanse themselves of the experience, but it’s not recommended because physical evidence is needed to support the complaint.
We recommend following the guidance provided by the emergency helpline we mentioned, as they will assist you and provide guidance on the steps to take in the hours following the incident.
Call a trusted family member or friend to accompany you to file the formal complaint. Emergency helplines will also direct you to where you should go depending on your location.
Additionally, the law provides for specialized support when filing a complaint, including a victim support mechanism available through security hotlines.
This complaint can be filed at a Public Prosecutor’s Office specializing in sexual crimes or at any police station.
Stay determined; you have the right to report the crime. Ignore those who tell you that you might be responsible for the assault or that reporting won’t accomplish anything.
Arm yourself with strength—what’s worst has already passed—and no victim is ever guilty of rape. Every person, simply by being human, has the right to be respected under any circumstance.
What happens once the complaint is filed?
The victim narrates the events to an official at the Public Prosecutor’s Office specializing in Sexual Crimes, after which a written statement is taken. Next, a psychologist will assess the reality of the attack or assault. A gynecological exam will then be performed to gather evidence of the assault, and tests for sexually transmitted diseases will be conducted to rule out other conditions. With all the evidence collected, the investigation process will begin to accuse the alleged perpetrator and bring them to justice.
What are the prison sentences for sexual abuse and rape in Mexico?
Article 260 of the Federal Penal Code
Whoever commits sexual abuse by performing acts on a person without their consent, or forces them to perform such acts on themselves or others without the intent of intercourse, will be sentenced to six to ten years in prison and fined up to two hundred days of wages.
For this article’s purposes, sexual acts include obscene physical touching or fondling or forcing the victim to perform explicitly sexual acts or witness them.
Sexual abuse also includes forcing the victim to observe a sexual act or display their body without their consent.
If violence, physical or psychological, is used, the penalty will be increased by half in both its minimum and maximum terms.
Article 261 of the Federal Penal Code
Whoever commits sexual abuse on a person under fifteen years of age, or a person who cannot comprehend the meaning of the act, even with their consent, or who cannot resist it for any reason, or forces them to perform such acts on themselves or others, will be sentenced to six to thirteen years in prison and fined up to five hundred days of wages.
If violence is used, the penalty will be increased by half in both its minimum and maximum terms.
Article 262 of the Federal Penal Code
Whoever has intercourse with a person over fifteen but under eighteen years of age, obtaining their consent through deception, will be sentenced to three months to four years in prison.
Article 265 of the Federal Penal Code
Rape is committed when a person, through physical or moral violence, engages in intercourse with another person of any sex, and the penalty is eight to twenty years in prison.
For the purposes of this article, intercourse is understood as the insertion of the male organ into the victim’s body through vaginal, anal, or oral means, regardless of gender.
It will also be considered rape, punishable by eight to twenty years in prison, when an object or instrument other than the male organ is inserted into the vaginal or anal cavity through physical or moral violence, regardless of the victim’s gender.
If you have been a victim of harassment, abuse, or sexual assault and have decided to report it, we recommend consulting a criminal law attorney.
They will support you and ensure your legal protection while seeking justice, aiming to stop the aggressor so that you can progressively overcome the situation and eventually live without fear.
