From law to practice: Oaxaca moves towards a protocol for investigating sexual violence with an intersectional approach

Oaxaca has taken a new step to translate a legal reform into practice. In September 2025, Oaxaca became the first state in Mexico to incorporate consent as the central element in the definition of rape in its criminal code. But legal reform alone does not guarantee access to justice: the gap between what the law says and what happens in practice is precisely where impunity persists. On April 2026, representatives from the Judiciary, the Specialised Prosecutor’s Offices, the State Executive Commission for Comprehensive Victim Assistance, the Ministry of Women and Equality Now met at the Casa de los Saberes of the Supreme Court of Justice of the Nation in Oaxaca to validate a new protocol aimed at reducing that gap. 

A protocol for investigating sexual violence in Oaxaca

The Protocol for the Investigation and Prosecution of Sexual Violence against Girls, Adolescents and Women from an Intersectional Perspective seeks to guide the institutions responsible for assisting, investigating, prosecuting and adjudicating cases of sexual violence. Among other aspects, it establishes guidelines on how to receive complaints without formalities that discourage access to justice, how to conduct trauma-informed interviews, how to assess risk, and how to take evidence in advance to avoid revictimisation during judicial proceedings.

The instrument also incorporates criteria for developing comprehensive investigations that corroborate and complement survivors’ accounts, without placing the sole burden of proof on them.

Consent and the assessment of evidence

The protocol is based on a contextual assessment of sexual violence, recognising the central value of survivors’ testimony without replacing the state’s obligation to investigate with due diligence. Far from implying automatic convictions based solely on a complaint, the instrument sets out criteria for developing comprehensive investigations, assessing evidence free from stereotypes, and preventing prejudices about how a survivor “should” behave from determining access to justice.

In the judicial sphere, it also establishes criteria for the assessment of evidence and limits on revictimising cross-examination, with particular attention to cases involving girls, boys and adolescents.

Consent runs through the entire instrument, shaping how investigations are conducted, how evidence is analysed and how survivors’ experiences are understood. The protocol also incorporates an intersectional perspective that recognises differentiated vulnerabilities linked to factors such as ethnicity, race, age, disability and territory.

“One of the main challenges in sexual violence cases remains the persistence of stereotypes in the assessment of evidence. This protocol makes clear that investigating with a gender perspective does not mean abandoning evidentiary standards, but rather ensuring diligent investigations, free from prejudice and centred on the rights of survivors,” said  Barbara Jiménez Santiago, Regional Representative for Latin America and the Caribbean at Equality Now.

The collective development of the protocol

Since 2024, Equality Now has supported institutions in the state of Oaxaca in incorporating international human rights standards into the institutional response to sexual violence. This process included a specialised seminar with judges, prosecutors and staff from key institutions, the signing of an inter-institutional memorandum of understanding, and technical working sessions for the development of the protocol.

The development of the protocol also drew on regional and international instruments and standards, including the Ibero-American Model Protocol for the Investigation of Cases of Sexual Violence, developed by the Specialised Gender Network of the Ibero-American Association of Public Prosecutors’ Offices; the manual for practitioners in Georgia on the effective investigation, prosecution and adjudication of sexual violence cases, developed by Equality Now together with UN Women and the Council of Europe; and manuals from Mexico’s Supreme Court of Justice.

The protocol validation meeting represents an important step forward, but it also helped identify concrete challenges for implementing the protocol. Participating institutions highlighted needs around training, strengthening the legal basis, and resource allocation.

An experience with regional relevance

Oaxaca’s experience has relevance beyond its state borders. This comes at a time when Mexico is debating the federal definition of sexual abuse, and when Equality Now is working with organisations in Sonora and San Luis Potosí to promote similar reforms.

In this context, the Oaxaca protocol could become a reference point for other states in Mexico and other countries in Latin America. Its value will depend not only on its formal adoption, but also on how it is implemented, monitored and strengthened over time.