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• Miguel Treviño Morales
• The Second Assault
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Generous estimates suggest 10 percent of rape victims file an official complaint. The real proportion is likely even less. For rape victims who become pregnant but do not report the rape, legal abortion is ruled out. All jurisdictions in Mexico treat abortion as a crime-and some states indeed jail women who have illegal abortions-though access to legal abortion is considered a rape victim's right everywhere. Only three of Mexico's thirty-two independent jurisdictions have issued detailed legal and administrative guidelines on how to guarantee this right, and all require that the victims report the rape as an essential first step.

In the remaining twenty-nine jurisdictions, confusion reigns. When pregnant rape and incest victims do report the assault and insist that they want an abortion, they are sent on a veritable obstacle-course that materially diminishes their possibility of obtaining a legal abortion.

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The worst abuses occur in jurisdictions without administrative guidelines, where the void of guidance seems to terrify officials into inaction and leaves justice and health officials free to claim they have no mandate to facilitate access to legal abortion. The full horror of what rape victims go through in their attempt to obtain a legal abortion-often including humiliation, degradation, and physical suffering-is in essence a second assault by the justice and health systems.

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• Obstructing Access to Legal Abortion after Rape in Mexico!
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Some girls, like "Graciela Hernndez" who was made pregnant by a father who raped her in hotel rooms every week for more than a year, lose access to legal abortion when prosecutors charge a perpetrator with incest instead of rape. Others, like "Marcela Gmez" seventeen-year-old daughter who was raped by a stranger, are passed from one public agency to another as none want to authorize the abortion.

Some are bounced back and forth until the pregnancy is too advanced to be interrupted safely and legally. Others are threatened with jail for procuring a legal abortion, and many are told, without cause, that an abortion at any time during the pregnancy could kill them. Public officials at times aggressively discourage abortion after rape, including for very young rape victims.

A social worker in Jalisco told Human Rights Watch: "We had the case of an eleven or twelve-year-old girl who had been raped by her brother. She came here wanting to have an abortion, but we worked with her psychologically, and in the end she kept her baby.

Her little child-sibling. There has been a marked improvement in at least two of the three jurisdictions that have promulgated procedures for access to legal abortion in recent years-this research did not cover the third. The guidelines have succeeded in reassuring public health and justice officials, enabling them to facilitate access to legal abortion without fearing administrative sanctions such as fines.

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Public authorities in the two jurisdictions with guidelines covered by the study-Morelos and the Federal District Mexico City -showed a clear political will to take responsibility for guaranteeing access to abortion after rape. Yet even where guidelines exist, serious obstacles remain. The procedures are long and complicated, requiring reviews by at least three separate state agencies attorney general's office, health sector, and forensic experts. Despite explicit time limits for authorizing legal abortion in law and guidelines, there are often delays, a fact acknowledged by public officials.

Some public prosecutors display a clear lack of understanding of the guidelines and-in particular-of rape victims' plight: in various cases, pregnant rape victims were told to wait several weeks for a definite answer on the requested authorization for abortion, because the public prosecutor assigned to their case was going on vacation or had a full schedule.

Waiting for an authorization for legal abortion is a luxury a rape victim cannot afford, particularly since most jurisdictions limit the time period for legal abortion to three months of gestation. Most troubling, harassment of rape victims seeking abortion and those who assist them continues, even in jurisdictions where guidelines for access to legal abortion exist.

In Mexico City, a rape victim was told by a doctor at the public hospital to bring a hearse and a coffin for the aborted fetus. In Morelos, social workers and legal advisors who facilitate access to abortion for rape victims are at times referred to as "stork-killers. One reason for this continued harassment is that the administrative guidelines in Morelos and the Federal District have not been implemented with a view to overcoming the deep social stigma attached to both abortion and rape.

Some officials have taken extreme measures to keep the legal abortion process virtually "clandestine," such as deploying secret "commando" doctors to carry out legal abortions in places where they normally do not work. These measures reflect a fear of protest and harassment which is based on concrete experience.

However, they also reinforce the stigma and contribute to keeping women, girls, and even public officials in the dark regarding legal abortion. A survey in Mexico City showed that 74 percent of low-income women did not know abortion is legal in some circumstances. For Mexico to comply with its international human rights obligations, it must ensure access to safe and legal abortion after rape. Since the s, U. These treaty bodies have been particularly emphatic that abortion should be legal, safe, and accessible after rape and incest, and have specifically recommended facilitating access to abortion in Mexico.

Human Rights Watch urges the Mexican federal government as well as the state governments to proactively investigate and discipline public officials-including public health personnel, prosecutors, and police-who are abusive or neglectful in their provision of services to victims of domestic and sexual violence. Negligent conduct, which should be sanctioned, includes failure to inform all rape victims of the possibility of legally terminating a potential pregnancy.

Human Rights Watch also urges the governments of those twenty-nine states that do not provide specific guidelines on access to legal abortion to do so immediately, and the governments of all states to review guidelines continually to ensure their effectiveness and appropriateness. Further, all state governments in Mexico should provide adequate and continuous training for public officials on the obligation to facilitate access to adequate information regarding legal abortion and access to abortion services.

Mexico's experience highlights the inherent problem with partial decriminalization of abortion: by placing the essential decision-making power for abortion after rape with medical doctors and public prosecutors, procedures and formalities gain more legitimacy than a woman's right to decide voluntarily with regard to her pregnancy. While this report focuses on access to abortion after rape and incest, Human Rights Watch advocates for women's right to decide independently in matters related to abortion without interference from the state or others in all cases.

The Second Assault is based on field research in Mexico in October and December , as well as prior and subsequent research conducted by Human Rights Watch throughout and the beginning of We interviewed more than sixty doctors, social workers, and government officials. We also interviewed more than twenty legal representatives for rape victims, who provided official legal documents from numerous cases involving legal abortion, some granted and some denied, as well as representatives from nongovernmental organizations and help-line workers who provided us with first-hand accounts of cases.

All documents cited in this report are either publicly available or on file with Human Rights Watch, as noted. While we investigated dozens of cases, the report draws most heavily on in-depth Human Rights Watch interviews with ten rape victims who became pregnant as a result of the rape seven women and three girls and eleven family members of these victims, and on detailed trial transcripts from five other cases. The relatively small sample size serves to illustrate the level of stigmatization of this issue: many women and girls who had confronted imposed pregnancies after rape were too afraid or declared themselves too traumatized to testify.

Unless otherwise noted, all names and identifying information of the rape victims and their families have been changed to protect their privacy. She did not report the rape to the authorities, even after she discovered that she was pregnant, because she previously had been insulted and ignored by public authorities when she reported that her husband had beaten her. She told Human Rights Watch how deeply this imposed pregnancy affected her. Valds ultimately obtained an abortion through unofficial channels. Gmez reported her daughter's rape to the public prosecutor's office in her state, and insisted that the pregnancy be interrupted.

But instead of assisting Gmez and her daughter, public prosecutors and doctors repeatedly bounced her from one institution to another without giving her a final answer. Gmez filed a petition with a judge, who refused to authorize the abortion despite its legality under prevailing state law, noting that he was under no obligation to do so because an abortion would result in the death of the fetus. The judge, however, also did not prohibit the abortion. The intervention was finally granted by state authorities under the dual conditions that it did not appear in hospital and other records as a legal abortion after rape, and that Gmez and her daughter did not divulge information about the case to the public.

Gmez told Human Rights Watch of her ordeal:. As the result of the rapes, Hernndez became pregnant and declared unequivocally that she wished to terminate her pregnancy. According to representatives from nongovernmental organizations who provided emotional and legal support for Hernndez, the public prosecutor later persuaded the adolescent girl to change her accusation against her father from rape to incest-in order for the father to get a shorter jail sentence, as incest is considered a less serious crime than rape.

Since abortion in Guanajuato only is legal after rape and not after incest the abortion was not authorized, and Hernndez was forced to carry the pregnancy to term. The official record describes her distress:. At least every four minutes in Mexico on average, a girl or a woman is raped. In even fewer cases are the rapists held responsible. In the rare cases where girls and women seek justice for the sexual abuse they have suffered, they generally meet with suspicion, apathy, and disrespect.

This situation is even more pronounced when girls and women who are pregnant as the result of a rape want to terminate the pregnancy. Often, prosecutors, doctors, and social workers ignore them. Sometimes, government officials actively silence rape victims with insults and threats, in flagrant disregard for their human dignity and their rights to nondiscrimination, due process, health, and equality under the law. These three issues are mutually reinforcing:lax implementation of the law means victims are less likely to report the crimes and underreporting undercuts pressure for necessary legal reforms.

It is no coincidence that the most nationally and internationally visible expression of violence against women in Mexico-the largely unsolved cases of mutilation and murder of women in Ciudad Jurez in the state of Chihuahua [5] -is also the one that has elicited the strongest government response. Most public officials acknowledge that domestic and sexual violence is underreported. According to NGO representatives, this underreporting has led violence against women to be grossly underestimated in government figures, in particular in the case of sexual violence and rape.

Few officials Human Rights Watch met with expressed awareness or concern that the official estimates on rates of violence likely fall far short of reality.

A government survey concluded that This The same study concluded that approximately 9. NGO representatives from several states agreed that reliable statistics on this issue were hard to come by, notably because domestic violence still was not seen as a government priority despite some positive legal and policy moves. The prevalence of sexual violence is difficult to estimate since very few rape victims report the crime to the authorities.

It was estimated that this was about 10 percent [of all cases]. Mexican state laws do not adequately protect women and girls against violence and abuse, despite recent positive policy developments at the federal level. The federal nature of the Mexican system of government gives the thirty-one states and the Federal District Mexico City relative autonomy on legal and policy responses to violence against women, [12] though state laws and their interpretation have to conform to the Federal Constitution, federal laws, and international treaties.

Domestic violence is not considered a federal crime, unless committed on federal territory, [14] though the federal government has urged state governments to improve their response to violence against women. At the federal level, Mexico took some positive steps between and toward bringing its policy and legislation in line with international human rights standards on sex equality and the prevention and punishment of violence against women. For example, in , the Federal Constitution was amended to prohibit all forms of discrimination, including on the basis of sex. In several states, law and policy inadequately address the issue of violence against women, and existing protections fall short of Mexico's international obligation to adopt all necessary penal, civil, and administrative provisions to prevent, punish, and eradicate violence against women.

In addition to cumbersome legal definitions of domestic violence in some states, public officials at times invent further requirements for victims to comply with. For example, where the law requires domestic violence to be "repeated," public officials told Human Rights Watch that a victim would have to file at least three reports in order for the assault to merit sanctions as domestic violence.

Many interviewees further lamented the narrow concept of violence prevalent among public officials, also not mandated by state laws. Where domestic violence is criminalized specifically, the sanctions generally apply to emotional violence as well as physical violence, though, according to experts working on domestic violence, only physical violence is taken even somewhat seriously by public officials.

Moreover, even where the violence is physical and the signs of it are visible, women and girls say that public prosecutors and police often fail to investigate complaints of domestic violence. And they said to me that there wasn't enough proof. They took my declaration and did nothing. In the health system, the response to domestic violence is more adequately and evenly regulated than in the justice system. This happens notably through a national norm on medical assistance to victims of domestic violence, which is mandatory for all public and private health providers.

For example, this norm specifically requires health professionals to seek to determine whether or not a pregnancy can be assumed to be the result of rape or abuse in the family. Yet the effectiveness of the norm is undercut by several factors. First, focusing exclusively as it does on domestic violence, it does not address any form of violence that occurs outside the family.