Rosendo Cantu v. Mexico, Mexico, Inter-American Court of Human Rights, 2010.
Rosendo Cantu was walking home when she was stopped and questioned by a group of soldiers. When she did not give the soldiers the answers they were looking for, two of the soldiers raped her while six others watched. Subsequent to the rape, the State failed to carry out an effective investigation into the allegations of sexual violence by members of the armed forces. The Inter-American Court held that Mexico had committed an act of turtler. It placed special importance on the vulnerable situation of Ms. Cantu given the fact that she was a minor and also a member of the indigenous community. It found Mexico in violation of the right to personal integrity, dignity, privacy, the rights of the child and due process rights. It also found that the State had failed to comply with its due diligence obligations to prevent, investigate and punish violence against women and the general obligation of non-discrimination in accessing justice. The Court ordered Mexico to pay monetary compensation for the harms suffered and to also ensure that Ms. Cantu's daughter received a scholarship to study.
Paulina Del Carmen Ramirez Jacinto v. Mexico, Mexico, Inter-American Commission on Human Rights, 2007.
Forced motherhood after rape. A complaint was lodged against Mexico for failing to allow a minor to receive an abortion after she was raped. The complaint alleged the violation of Articles 1, 5, 7, 8, 11, 12, 19, and 25 of the American Convention on Human Rights, Articles 1, 2, 4, 7, and 9 of the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence Against Women, Article 10 of the Additional Protocol to the American Convention in the Area of Economic, Social, and Cultural Rights, Articles 9, 17, and 24 of the International Covenant on Civil and Political Rights, Articles 3 and 12 of the Universal Declaration of Human Rights, Article 12 of the Convention on the Elimination of All Forms of Discrimination against Women and Articles 19, 37, and 39 of the Convention on the Rights of the Child. Mexico and the petitioner reached a friendly settlement under which the government of Baja California would pay the victim's legal and medical expenses, provide her with school and housing expense assistance, medical and psychological services, free public higher education for her child, a computer and a printer, moral damages. The Mexican state also committed itself to increasing awareness and availability of legal termination of pregnancy.
Ana, Beatriz, and Celia González Pérez v. Mexico, Mexico, Inter-American Commission on Human Rights, 1999.
Sexual Violence and Rape, Torture, Indigenous Populations, Failure of State Responsibility. The Mexican military illegally detained, raped, and tortured the Tzeltal native sisters Ana, Beatriz, and Celia González Pérez. The Mexican State argued that the Inter-American Commission on Human Rights (IACHR) did not have competence to review the petition because the sisters did not exhaust their domestic remedies. According to the IACHR, the sisters effectively sought relief from the Office of the Federal Public Prosecutor, which refused competence to review the sisters’ case in favor of its military counterpart. The IACHR determined the case admissible in respect of the alleged violations of rights protected in the American Convention on Human Rights: Articles 5 (right to humane treatment); 7 (right to personal liberty); 8 (right to a fair trial); 11 (right to privacy); 19 (rights of the child); and 25 (right to judicial protection).
Existencia del Delito de Violacion, Mexico, Supreme Court, .
The Court held that for the crime of rape to have occurred, only penetration was necessary, not ejaculation. The Court also held that when two or more people conspire to commit rape, only one person need penetrate to hold all parties guilty of rape as long as the other people were involved in the steps leading up to the rape. The Court further held that when a husband rapes his wife, it is necessary for her to press charges before he can be charged with the crime. However, if her husband conspires with other men to rape her, then she need not press charges for her husband to be charged with the crime.
Rapto Inexistente, Mexico, Supreme Court, .
The Court made several clarifications related to the crime of abduction. First, the court held that because the crime of abduction required the intent to segregate the victim from her customary mode of life and insert her in another, the crime of abduction does not take place when a man takes a woman temporarily for the purpose of sexual abuse. The Court reasoned that the temporary removal of the woman by the man did not constitute its own crime, but instead was an element of the separate crime of rape. The Court also held that the simple act of changing locations with a woman did not constitute abduction, especially when there was no evidence of restraint against her will.
Rapto y Estupro Son Delitos Independientes, Mexico, Supreme Court, .
The Court affirmed that abduction and statutory rape were different crimes. The Court reasoned that statutory rape could take place without an abduction, and abduction could take place without resulting in statutory rape. The Court explained that when the victim is taken away by a male for the purpose of sexual abuse or marriage, statutory rape occurs at the moment of sexual activity, while abduction occurs at the moment she becomes segregated from her customary mode of life.