25th February 2026
Advancing legal protection for girls and adolescents in San Luis Potosí, México
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Photo credit: María José Puente Zavala
Civil society organisations have submitted a legislative reform initiative to the Congress of the State of San Luis Potosí, Mexico, proposing amendments to the Criminal Code to align the legal definition of sexual offences with international human rights standards.
Led by Lúminas Centro de Derechos Humanos A.C. (Lúminas Human Rights Center) and Red Libres: por una vida libre de violencia sexual para niñeces y adolescencias (Red Libres: a network advocating for a life free from sexual violence for children and adolescents), with technical support from Equality Now, the proposal expressly incorporates a definition of consent and clearly establishes the circumstances in which it cannot be inferred. In the offence of rape, it replaces the requirement to prove force or resistance with an approach that places the absence of consent at the centre, in line with international human rights standards.
It also seeks to eliminate discriminatory provisions that perpetuate gender stereotypes and have contributed to impunity in cases of sexual violence against women, girls and adolescents.
Among the key changes, the reform introduces, for the first time, an explicit definition of sexual consent into the Criminal Code of San Luis Potosí. The proposed text establishes that consent must be free, voluntary, informed and revocable at any time, and that it cannot be inferred from silence, lack of resistance or previous relationships between the persons involved.
It further clarifies that consent is invalid in contexts of coercion, abuse of power or vulnerability, including situations in which the affected person is unconscious, asleep, intoxicated or under the influence of substances, as well as in relationships of authority, dependency or trust.
In doing so, the proposal moves away from a force-based paradigm and aligns state legislation with the international standard that defines sexual violence based on the absence of consent.
The initiative also proposes repealing the offence of estupro, a criminal provision (Article 179) that classifies certain acts of sexual violence against adolescents as a lesser offence and imposes lower penalties than rape. International human rights bodies, including the Inter-American Court of Human Rights, have stressed that States must guarantee reinforced protection for girls and adolescents, eliminate gender stereotypes from criminal law and avoid legal distinctions that minimise the gravity of sexual violence. The reform seeks to close legal loopholes that have contributed to impunity.
The Inter-American Court of Human Rights has indicated that such provisions perpetuate gender stereotypes and hinder effective protection for adolescent survivors.
The initiative draws on well-established international human rights standards. The Committee on the Elimination of Discrimination against Women (CEDAW), the Follow-up Mechanism to the Belém do Pará Convention (MESECVI), and the Inter-American Court of Human Rights have affirmed that the defining element of sexual offences must be the absence of consent, rather than the presence of physical force.
In its judgement in Angulo Losada v. Bolivia, the Inter-American Court of Human Rights held that States must ensure that sexual violence is defined in law on the basis of the absence of consent, rather than the use of physical force, and that consent may not be presumed from silence, passivity or a lack of resistance.
Elizabeth C. Plácido, Associate Manager at Equality Now, noted that the reform reflects the principle of enhanced protection developed by the Inter-American Court, which requires the Mexican State to act with the utmost diligence in responding to sexual violence against children and adolescents.
“This is not only about sanctioning conduct. It is about ensuring that no legal provision minimises the gravity of these crimes, that there are no privileges for perpetrators, and that the best interests of the child and adolescent are treated as an absolute priority,” she stated.
The reform is being advanced in a context of high prevalence and underreporting of sexual violence. Mexico’s 2021 National Survey on the Dynamics of Household Relationships documents that sexual violence remains one of the most widespread forms of violence against women in the country. However, the survey also shows that only a fraction of cases are reported to authorities, due to factors such as fear, institutional distrust and lack of protection.
According to data from Mexico’s Executive Secretariat of the National Public Security System, San Luis Potosí has ranked among the federal entities with the highest number of emergency calls related to rape and sexual abuse in recent years.
This context underscores the urgency of adopting legal frameworks that remove evidentiary barriers, prevent revictimisation and facilitate an institutional response consistent with international human rights standards.
“What changes with this initiative is how the offence is understood. It is no longer about proving physical injuries or resistance, but about examining whether there was free and voluntary consent. This enables authorities to investigate cases while considering context, power dynamics and situations of vulnerability that often remain invisible,” said Fátima Alvizo, co-funder of Lúminas A.C.
Mexico is a federal state in which each of the 32 states has its own Criminal Code, in addition to the Federal Criminal Code. In a recent analysis, Equality Now examined all 33 criminal codes in the country and found that at least 20 state codes and the Federal Criminal Code continue to define rape based on the use of force rather than the absence of consent. This divergence from international standards undermines effective investigation and prosecution.
These gaps were documented in the report Failure to Protect: How Discriminatory Laws and Practices on Sexual Violence Harm Women, Girls and Adolescents in the Americas, in which Equality Now highlights how force-based definitions and restrictive evidentiary practices have contributed to impunity and limited effective access to justice across the region.
In 2025, Oaxaca became the first Mexican state to adopt a consent-based definition of rape. That precedent has opened the door for similar reform processes in other states, including Sonora and San Luis Potosí, where Equality Now is working with partner organisations to advance legislative change.
At the federal level, in February 2026, Mexico’s Chamber of Deputies approved a reform to the Federal Criminal Code expanding the definition of sexual abuse to recognise that consent cannot be considered valid when a person’s will is overridden or vitiated by violence, intimidation, deception, threats, abuse of trust, authority or vulnerability. Nor may consent be presumed from silence, passivity or lack of resistance.
The reform is now pending approval in the Senate. Public debate around the proposal intensified following a public incident of sexual violence against the President of Mexico, which renewed national discussion on the prevalence of sexual abuse and assault in the country.
For Equality Now, legal reform is central but not sufficient on its own. As Bárbara Jiménez Santiago, Regional Representative for Latin America and the Caribbean, stated:
“Legal reforms are essential, but they must be accompanied by training for justice operators, institutional strengthening and sustained engagement with civil society. Our approach in Mexico combines legislative technical assistance, capacity building, regional coordination and implementation monitoring, because transforming the response to sexual violence requires comprehensive and sustained change.”
Equality Now is currently working alongside partner organisations in multiple Mexican states to promote consent-based reforms, strengthen institutional capacity and support the effective implementation of new standards. The objective is to advance towards a system that guarantees real and effective access to justice for women, girls and adolescents across the country, without discrimination.