Abortion and the law

A judge however ruled that she will not be given the right to have an abortion as they deemed the attack to have been consensual, despite strong medical proof that the girl suffered sexual violence during the attack.

The young girl went straight to the police to report the attack in detail. She was also examined and a medical report created supporting her allegations.

 

In the state of Sonora, the judge ruled that the alleged rapist had not raped the victim, but rather had had "illegal sex with a minor" saying that the "rapist" had actually achieved consent from the girl by deceiving her.  

 

The state health service is hence refusing to allow the girl to abort her unwanted pregnancy as it has not been declared the result of a rape. In the state, rape-related pregnancies are exempt from a ban on abortions. Organisations for women's rights are demanding that the authorities overrule the decision, arguing that the judge's interpretation of the crime does not chance the actual fact that the young girl was sexually assaulted and as a result has fallen pregnant. 

 

Regina Tamés, president of an organisation which defends women's rights to access legal abortion and contraceptive methods, GIRE, said  “This is important in terms of the criminal investigation, but should not affect access to legal termination,”

She continued, “She was the victim of a sexual assault, and, as such, it is irrelevant what the judge considers to be a crime or not. There is no legal impediment preventing the authorities from supporting her,”

 

The girl, known in the media as Citlali was attacked in her home by one of her father's work colleagues, on a school holiday day. She went the same day accompanied by family members to the police station, to make her complaint and medical report.

 

A study conducted in Mexico and published in March on sexual violence found that 4 in 10 rape victims are younger than 15 years old. 60% of attacks happen in the victim's home.

The only state in Mexico where abortion is legal is Mexico City up to 12 weeks of gestation. In the rest of the Mexican States, abortion is only permitted in rape cases or others such as severe health risks for the mother in the case of continuing the pregnancy.