What Are the Penalties for Sex Crimes in Tijuana, Mexico?

 

A person standing in an alley with their hair covering their face

If you asked the average joe to name a sex crime, chances are they’ll mention rape. But did you know there are a plethora of other offenses that count as sex crimes as well? In Mexico, sexual harassment and the communication of sexual content to someone that can’t resist it are also considered sex crimes according to the country’s Federal Penal Code.

If you’re charged with these crimes in a city like Tijuana, you’ll face substantial penalties including but not limited to jail time. So, what are the penalties for the above-mentioned sex crimes in Tijuana?

Here’s a look at how sex crimes are punished in Tijuana, Mexico and how a sex crimes attorney in Tijuana can help.

Rape



The penalties for rape in Mexico vary depending on the circumstances surrounding the crime. According to Article 265 of Mexico’s Federal Penal Code, the penalty for using physical or moral violence to force someone into having sex with you is punishable with a jail sentence of up to 20 years. This includes vaginal, anal, or oral sex, and the same punishment applies whether a person uses their genitalia or an object. It also applies in cases of marital rape.

If the victim is a minor (less than fifteen years old) and was deceived into consenting to sexual intercourse, the perpetrator faces up to 4 years in prison as per Article 262 of the Federal Penal Code. If they didn’t consent, the penalty is up to 30 years in prison with an additional 15 years if physical and/or moral violence was used by the perpetrator as per Article 266. Additionally, if two or more people are involved in any rape, the penalties are increased by 50%.

Sexual Harassment

A man wearing a hoodie holding his face in his hands

If you sexually harass a subordinate in any industry, you’ll be fined up to 800 days of your income as per Article 259 Bis of Mexico’s Federal Penal Code. Sexually harassing someone as a public servant also makes you liable to be disqualified from holding a public office role for a year.

It’s worth noting that it’s unlawful to punish someone for sexual harassment in Mexico if the offended party didn’t complain, and/or the act didn’t cause any harm or damage.  

Communicating Sexual Content to Someone That Can’t Resist It

It’s tempting to think sending sexual content to someone is only unlawful if it’s unsolicited and/or if they’re a minor. But did you know Mexican laws prohibit the communication of sexual content to anyone that can’t resist it? This includes children and anyone who is mentally handicapped.

According to Article 199 Septies of the Federal Penal Code, you’ll face up to 8 years in prison and a fine worth up to a thousand days of your salary if you commit this crime. This includes the use of radio, telecommunications, IT, or any other means of data transmission to communicate sexual content.

Looking for a sex assault crimes attorney in Tijuana to defend you against sex crime allegations in Tijuana? If so, we recommend contacting Fabian Meneses at Meneses Legal. Fabian is an expert criminal defense attorney in Tijuana who has helped countless clients charged with sex crimes. His team also specializes in defending clients facing homicide, contraband smuggling, drug-related, and firearms-related charges.

Contact Fabian and his team today to receive legal help from a team of criminal justice attorneys with over forty years of experience between them.

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