Gender violence in the context of Mexico’s Federal Penal Code refers to any act of physical, psychological, economic, patrimonial, sexual, or symbolic violence exercised against a person because of their gender — and in the vast majority of cases, it is directed at women. This violence is rooted in a structural imbalance of power and gender stereotypes, and manifests in various settings such as the family, intimate relationships, the workplace, and public spaces.
In Mexico’s Federal Penal Code, gender violence is addressed primarily through the General Law on Women’s Access to a Life Free of Violence, but it is also covered in the Penal Code itself, especially in relation to offenses such as domestic violence, sexual harassment, sexual assault, femicide, and other crimes that specifically affect women.
Definition and related offenses under the Federal Penal Code:
1. Domestic violence (Article 307): The Federal Penal Code punishes acts of physical, psychological, patrimonial, economic, or sexual violence within the family. When this violence is directed at a woman within a family relationship (for example, by a partner or ex-partner), it is considered gender violence.
2. Sexual harassment (Article 260-A): Sexual harassment, understood as unwanted verbal or physical conduct of a sexual nature, is included among offenses related to gender violence.
3. Femicide (Article 325): Femicide is one of the most serious offenses related to gender violence. Under the Penal Code, femicide is the murder of a woman for gender-based reasons — that is, because she is a woman. This type of homicide is considered aggravated when circumstances such as prior violence, sexual abuse, or an unequal power relationship are present.
4. Sexual offenses: The Penal Code also criminalizes sexual offenses such as rape, sexual abuse, and other related acts, which carry harsher penalties when committed in the context of gender violence.
Context and approach:
Gender violence in the Federal Penal Code is addressed comprehensively — not only by punishing acts of aggression, but also by requiring the protection of victims, guaranteeing their access to justice, and providing reparation measures. Throughout the legislation, gender violence is recognized as a human rights violation and an obstacle to the full exercise of women’s freedom and dignity.
In summary, Mexico’s Federal Penal Code addresses gender violence primarily through offenses such as domestic violence, femicide, sexual harassment, and other sexual crimes, establishing specific sanctions and measures to protect victims and eradicate this structural violence.
