Sexual Abuse Laws Expanded Following Assault on Sheinbaum

After the assault on President Claudia Sheinbaum in Mexico City, the Senate has expanded the Federal Penal Code to strengthen sexual abuse laws. The reforms broaden the definition of sexual abuse, establish stricter penalties, and introduce mandatory rehabilitation programs, aiming to prevent recurrence and promote gender equality.

With 97 votes in favor, legislators endorsed a broader definition of sexual abuse. Art, 260 now establishes that anyone who, without the victim’s consent and even without intending sexual intercourse, performs any sexual act in public or private, forces the victim to witness it, or compels them to execute it for themselves or a third party, commits sexual abuse.

The article specifies that sexual acts include touching, caressing, bodily rubbing, explicit sexual displays, or representations. Consent is not recognized when the victim’s will has been nullified or impaired through violence, intimidation, deceit, threats, abuse of trust, authority, or vulnerability. Silence, passivity, or lack of physical resistance does not constitute consent.

Perpetrators of sexual abuse will face three to seven years in prison and a fine equivalent to 200 to 500 times the daily value of the UMA. Additionally, offenders must attend rehabilitation workshops with a gender and non-violence perspective and/or perform community service for the state or public charitable institutions to promote non-repetition and foster cultural change toward substantive gender equality.

The law also increases penalties by one-third in certain circumstances, including:

• When committed with physical, psychological, or moral violence
   

• By two or more individuals
   

• In isolated, sparsely populated, or hard-to-access locations
   

• When there is a relationship of trust, emotional, familial, labor, educational, sports, artistic, or religious connection between perpetrator and victim
   

• When committed by a public servant abusing their position
   

• When committed by a clergy member exploiting their role or function
   

• If the victim is under the influence of alcohol, drugs, or other substances affecting judgment or consent
   

• If the victim is pregnant or in postpartum
   

In these cases, penalties may reach four to 9.3 years in prison, slightly reduced from the previous law, which mandated six to 10 years. The reforms also amend Art. 266 Bis of the Federal Penal Code, increasing minimum and maximum sentences by 50% when specific forms of sexual violence are proven.

The initiative was presented by Senate President Laura Itzel Castillo and Martha Lucía Micher, Head of the Gender Equality Commission. The reform has now been sent to the Chamber of Deputies for discussion and a vote.

The legislative action followed an incident in which a man approached President Sheinbaum from behind during a tour outside the National Palace and touched her without consent.

High Rates of Violence Against Women in Mexico

In Mexico, more than 70% of women over 15 have experienced some form of violence, including sexual (49.7%), psychological (nearly 52%), or physical (34.7%), according to data from INEGI.

Around 15.5% of women have been subjected to sexual harassment, groping, exposure, or attempted assault, five times higher than the 3.2% reported for men. The majority of these incidents, nearly 65%, occurred in public spaces such as streets or parks. A striking concern is that 94% of women who suffered harassment did not report it, highlighting a persistent gap in accountability and protection.