05/06/2024 (written by cahtoong) – On February 15, 2024 Judge Manuel Alejandro Martínez Vitela acquitted a man who was accused of sexually abusing his four-year-old niece. The judge’s acquittal shocked State of Mexico residents because his main reason to acquit was that the minor could not remember the specific place, day, and time of the events. According to El País, the events occurred in February 2022 in Atizapán de Zaragoza, when the victim’s mother, Victoria Figueiras, left the girl with her father. The Judiciary of the State of Mexico supported the decision of Martínez, as there was no evidence that could reconstruct the events that occurred between the uncle and the niece. Based on the psychological tests conducted, only one of them indicated that the four-year-old victim had been sexually abused.
Despite the Judiciary having notes detailing the exact times, the 4-year-old victim was unable to remember them. However, the victim’s grandparents stated “the girl had been with them from noon until nine in the evening,” while the attack reportedly occurred at 7:00 p.m. (El País). Victoria Figueiras expressed her concerns to Judge Martínez asking, “you saw my daughter, didn’t you believe her?” Martínez responds stating, “Of course I believed her. On the account of touching. Your daughter never mentioned the topic of the place, the day, and the time” (La Mosca News). Figueiras’ response to the Judge questioned the notion that her daughter not remembering where the events occurred outweighs her being abused.
The aftermath of the events caused a huge uproar in Mexico, especially local feminist groups. For example, Hermanas Aliadas spread the video about the trial and called on different social groups to block one of the main highways in Mexico City to protest. These local protestors advocated for the little girl to obtain the justice she deserves, and demanded that the judicial system works to guarantee the protection of minors (La Mosca News). Figueiras plans on appealing the sentence according to the Judiciary. The mother declared that her daughter, who is now six years old, has been receiving therapy after the attack in 2022.
Ongoing Battle of Sexual Justice in Mexico
Based on data from El País, 66% of women over the age of 15 are victims of violence. However, the majority of victims never report these actions, resembling the trends on reporting other crimes in Mexico. Most victims feel distrust toward the Justice system in Mexico, perceiving it as futile to report crimes due to the lack of acknowledgement and recognition. The director of the Equis Justicia organization, Ana Pecova, discusses that the chances of sexual violence reaching the courts are very low. Pecova states, “only 11% of cases in an investigation file is opened and of this, only 2.4% result in a sentence”(El País).
Furthermore, most women who report acts of sexual violence face repercussions as a result. For instance, Eloísa Ferrera reported the harassment she suffered from her boss to the human resources department in her organization. She adds that her investigation concluded there was no harassment, and later on the company fired Eloísa, who had been actively trying to receive justice (El País). Women who pursue justice by exposing their attackers in Mexico, often perceive it as a destabilizing force on their emotional well-being and confidence.
Effect of Impunity in Mexico
According to Impunidad Cero, most individuals believe impunity is “generalized and increasing”. Based on their data, 47% of the population believe impunity has increased 47% in 2023. Additionally, nearly 62% of citizens responsible for crimes in Mexico are rarely ever brought to a judge.
For most cases of violence against women around 88.3% go unpunished. Based on a study by the Belisario Domínguez Institue (IBD), there are nearly 66 alleged crimes of sexual assault reported every day, but many victims rarely report.
In 2021 alone there were over 1.7 million sexual crimes on record, while only 10,807 people were detained for their crimes. There has been some mobilization in recent years, as the “Congreso de la Unión” has created reforms implementing preventive detention for those who have sexually abused minors. As well as the elimination of the statute of limitations for crimes of sexual violence in which more extreme proposals have been made to handle abusers.
Sources
Simanca, Jorge Vaquero. “Absuelto un acusado de abuso sexual a su sobrina de cuatro años en el Estado de México porque la menor no recordaba “el lugar y el día.” El País. February 28, 2024.
“Dejan en libertad a un acusado de abusar de su sobrina de cuatro años porque la menor no recordaba “el lugar y el día.” La Mosca News. February 28, 2024
Pérez, Monserrat López, “The red flags of Impunity Perceptions: Mexicans want more prison and more military forces in the streets.” Impunidad Cero. October 2023.
“Imparable la violencia sexual contra las mujeres en México, señala estudio del IBD.” Senado De La República. August 6, 2023.
Barragan, Almudena. “La frustración y el enojo: la ruta para denunciar el abuso sexual en México.” El País. August 18, 2019
“Lecturas recomendadas. Sistémica e impune: así es la violencia de género.” Impunidad Cero. May 2019.
