It is mentioned in article 260 that this crime is committed by anyone who, without the consent of the victim and without the purpose of engaging in copulation, performs any act of a sexual nature in the public or private sphere, forces her to observe it, or has her perform it for a third party or for the active subject himself.
It is also emphasized that a sexual act is understood as touching, caressing, body rubbing, exhibitions or explicit sexual representations.
And it is clarified that consent is not considered when the person’s will has been annulled or vitiated by violence, intimidation, deception, threat, abuse of trust, authority or situation of vulnerability, nor can consent be presumed from the victim’s silence, passivity or lack of physical resistance.
It is established in the same article that whoever commits this crime will have a penalty of three to seven years in prison and a fine of 200 to 500 times the daily value of the Measurement and Update Unit (UMA).
Likewise, they must attend re-educational workshops with a gender perspective and non-violence against women and/or provide social service in favor of the State or public charity institutions in order to promote non-repetition measures and promote a cultural change in favor of substantive equality between women and men.
This crime will be prosecuted ex officio and the penalties will increase by one third when the crime is committed in any of the following circumstances:
- With physical, psychological violence or default
- For two or more people
- In a depopulated, lonely or inaccessible place.
- When there exists or has existed between the aggressor and the victim a relationship of trust, sentimentality, kinship by blood or affinity, work, education, teaching, sports, artistic or religious training.
- When it is carried out by a public servant taking advantage of his or her employment, position or commission.
- When it is carried out by a minister of worship taking advantage of his position, function or commission.
- When the victim is under the influence of alcohol, drugs, narcotics or other substances that affect their will or judgment
- When the victim is pregnant or postpartum.
That is, in these cases the sanction may be from four to 9.3 years in prison.
In the case of the penalties, these were lowered compared to the current law that establishes a punishment for anyone who commits this crime of six to 10 years in prison.
The ruling also modifies article 266 Bis of the Federal Penal Code, which provides for penalties that increase by half in their minimum and maximum when specific forms of sexual violence are proven.
The initiative was presented by the president of the Senate, Laura Itzel Castillo, and the president of the Commission for Gender Equality, Martha Lucía Micher Camarena.
This happened after a man approached federal president Claudia Sheinbaum from behind – while she was taking a tour outside the National Palace – and touched her without her consent.
The reform was sent to the Chamber of Deputies for discussion and voting.
