The Second Assault
Obstructing Access to Legal Abortion after Rape in Mexico

I. Summary

II. Selected Rape Victim Testimonies

III. Impunity for Sexual and Domestic Violence

Sexual and Domestic Violence: Underreported and Underrepresented in Government Crime Estimates
Inadequate Legal Framework for the Prevention and Punishment of Violence against Women

State Law and Policy on Domestic Violence
State Law and Policy on Sexual Violence

Lax Implementation of Legal Standards

Pervasive Distrust of Rape Victim Testimony
Other Barriers to Reporting Rape
Undue Emphasis on Reconciliation and Mediation
The Cost of Justice
Lack of Public Services

IV. Abortion in Mexico

Legal Framework, Public Debate, and Occurrence
Prosecution for Illegal Abortions

V. Obstructing Access to Legal Abortion after Rape

States with No Administrative Guidelines for Abortion after Rape

Non-existing or Inaccurate Information on Legal Abortions
Denial that Cases of Unwanted Pregnancy after Rape Exist
Aversion to Facilitating Legal Abortion after Rape
Actively Discouraging Abortion after Rape
No Legal Abortion for Incest and “Estupro”
Undue Delays
Intimidation in the Justice Sector

States with Administrative or Legal Guidelines for Abortion after Rape

Unduly Complicated Procedures
Illegal Delays
Lack of Information or Biased Information
“Covert” Provision of Abortion Services and Continued Stigmatization
Intimidation in the Health Sector
Need for Accompaniment

Conscientious Objection by Medical Professionals
Consequences of Limited Access to Abortion after Rape

VI. International Legal Standards

International Law and Violence against Girls and Women in Mexico
International Law and Abortion after Rape or Incest

U.N. Treaty Body Concern with Legal Obstacles to Abortion after Rape or Incest
U.N. Treaty Body Concern with Administrative Obstacles to Abortion after Rape or Incest

VII. Conclusion

VIII. Detailed Recommendations

To the Federal Government of Mexico

To the President of Mexico
To the Federal Congress
To the National Health Ministry
To the National Ministry of the Interior

To State Governments and the Government of the Federal District

To State Governors and the Head of Government for the Federal District
To Local Congresses and the Legislative Assembly of the Federal District
To Health Ministries of the States and the Federal District
To the Attorney General Offices of the States and the Federal District
To the Integrated Family Service Agencies (Sistema para el Desarrollo Integral de la Familia, DIF) of the states and the Federal District

IX. Acknowledgments

March 2006   Volume 18, No. 1(B)