20th août 2026

From the paradigm of force to that of consent: Towards a comprehensive reform of sexual offences in Mexico

End sexual violence Latin America and the Caribbean

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This brief examines how Mexico’s 33 criminal codes regulate rape, estupro, sexual abuse, statutes of limitation and reparations, identifying gaps and inconsistencies that affect survivors’ access to justice. Building on Equality Now’s Failure to protect: How discriminatory sexual violence laws and practices are hurting women, girls and adolescents in the Americas report and Mexico: Protection gaps in sexual violence laws and practices factsheet, it assesses legislation against international human rights standards and sets out reforms to place consent at the centre of sexual violence laws, repeal estupro, strengthen protections for girls and adolescents, and ensure access to comprehensive reparations.

What’s inside the report?

  • An overview of key gaps and inconsistencies in how Mexico’s 33 criminal codes regulate sexual violence.
  • Analysis of rape, estupro, sexual abuse, statutes of limitation and reparations against international human rights standards.
  • Recommendations for legal reform to strengthen consent-based protections and improve access to justice for victims and survivors.

Who’s it for?

National and state-level institutional actors:

  • Federal and state legislators.
  • Justice system professionals, including judges, prosecutors, public defenders, and legal advisers.
  • Authorities responsible for developing and implementing criminal justice policies, protocols, and institutional guidance on sexual violence.
  • Public institutions responsible for protecting the rights of women, girls, and adolescents.

Civil society actors:

  • Women’s rights and human rights organisations.
  • Organisations working on sexual violence, access to justice, and the rights of girls and adolescents.
  • Legal advocates, feminist networks, coalitions, and organisations engaged in legislative and policy advocacy.

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Key recommendations

  • Reform rape and other sexual offences so that the absence of freely given consent, rather than force or resistance, is central to their definition.
  • Repeal estupro and ensure sexual violence against adolescents is addressed through consent-based laws that recognise coercion, unequal power and age-related vulnerabilities.
  • Harmonise protections across Mexico, including statutes of limitation and access to comprehensive reparations, to reduce territorial disparities in survivors’ access to justice.

About

20 août 2026

14 pages

Languages

ES

Classification

Briefs
End sexual violence
Latin America and the Caribbean

Citation / DOI

10.64185/PPPP0152

More information

For more information, contact programs@equalitynow.org.

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