Mexico: Information on the recourse or protection available to women who are victims of spousal abuse

Please find attached some documents that contain information on the situation of women in Mexico, with references to abuse by spouses and to the legal recourse and protection available to women. The most direct written reference on the subject found among the attachments is in the United States Department of State's Country Reports 1991, which reports the following:

Domestic assault is a crime, but in practicelargely due to social traditionwomen are often reluctant to file reports of abuse or to press charges. Police are reluctant to intervene in what is often considered a domestic affair. After a successful effort to reform the law on sexual crimes in 1990, specialized medical and social assistance is now available for rape victims, at least in urban areas, and there are penalties for sexual harassment (Country Reports 1991 1992, 674).

The attached section from the World Human Rights Guide provides comments on the independence of courts, access to legal aid or counsel and other legal rights (Humana 1986, 182). The document states that a court may appoint counsel and that independence of the courts exists only in a nominal sense due to government pressures and bribery (Ibid.). The report adds that "police may take arbitrary action" and that "bribes frequently help defendants to ensure their innocence" (Ibid.). Additional references to independence and corruption of the judiciary in Mexico can be found among the sources available at your regional Documentation Centre and through the DIRB upon further request.

In addition to the attachments included with this Response, a counsel with the Asociación Mexicana Contra la Violencia Hacia la Mujer (Mexican Association Against Violence Towards Women) provided the information that follows (24 Feb. 1993). The Association has offered to prepare, upon further request, a written summary (two or three pages in length) of the legal provisions and practice on the subject. This summary would support the information provided orally, should this be required by the Immigration and Refugee Board.

Courts may consider cases of rape by a spouse when penetration has occurred by means of physical or psychological force or intimidation. In such cases, a victimized spouse can press charges or justify a request for divorce. A man charged with rape is not entitled to freedom on bail, and the prison term for a person found guilty of rape ranges from 8 to 11 years. The penalty may be increased if the courts finds aggravating factors.

Physical abuse by a spouse (other than forcible penetration) is considered a minor offence. The victimized spouse can press charges, although the penalty can range from a fine to detention of up to 36 hours. Harsher penalties can be enforced only in cases in which the spouse is so severely beaten that charges of attempted murder can be pressed. Threats and verbal abuse are considered a minor crime, for which the offending spouse can be fined or detained for up to 36 hours.

A process must be followed in all cases of abuse by a spouse in which a victim presses charges. The accused may be arrested upon presentation of charges. Except for cases of rape (as indicated above), the accused is released until a judicial inquiry is concluded and a penalty, if any, is imposed. The alleged abuser is not restricted, legally or otherwise, from approaching the alleged victim while the inquiry proceeds. The only legal requirement for the abuser is that he attend the hearings that form part of the judicial inquiry. A judge has the authority to order an individual to refrain from contacting the alleged victim, although this is not standard practice and the penalty for disobeying such an order could be limited to a fine or a short period of arrest (one day or 36 hours).

If a court decides, after concluding an inquiry, that a person is guilty of abusing a spouse, there is no legal provision for preventing the abuser from contacting the victim after the sentencing. This is the reason why most women are reluctant and find it pointless to press charges against an abusive spouse.

The above information applies to penal charges and proceedings. A woman who is victimized by a spouse may, however, opt for a civil process. Through this avenue, after a process which could be lengthy, a court may allow the separation of spouses (separación de cuerpos in Spanish). The court would also decide on the custody of children. After separation or divorce (if the latter is requested and granted), a man who is found to have abused of his spouse or former spouse is not prevented from contacting the victim or their children.

Additional and/or corroborating information could not be found among the sources currently available to the DIRB.

References

Asociación Mexicana Contra la Violencia Hacia la Mujer, Mexico City. 24 February 1993. Telephone Interview with Legal Counsel.

Country Reports on Human Rights Practices for 1991. 1992. U.S. Department of State. Washington: U.S. Government Printing Office.

Humana, Charles. 1986. World Human Rights Guide. London: The Economist.

Attachments

Carney, Larry S. and Charlotte G. O'Kelly. 1986. Women and Men in Society: Cross-Cultural Perspectives on Gender Stratification. "Latin America: Mexico." California: Wadsworth Publishing Company, pp. 253-268.

Country Reports on Human Rights Practices for 1991. 1992. U.S. Department of State. Washington: U.S. Government Printing Office, p. 674.

Humana, Charles. 1986. World Human Rights Guide. London: The Economist, pp. 180-183.