In the framework of the International Day for the Elimination of Violence against Women, which is commemorated this November 25, it is necessary to realize that there is an overwhelming reality, 80% of those who were murdered had never reported the assailantr. That places us in the scenario in which we must reflect as a society if the protection of the person subjected to abuse should always depend on a previous complaint, it was one of the revelations that occurred in the past II Virtual International Congress of Criminal Law Carlos Daza Gómez. In memoriam.
In order to avoid stereotyped investigations or criminal proceedings, action strategies should be applied that promote effective equality for women, that is, to eliminate the gender models that public servants have and that, on occasions, harm them in sentences and resolutions, highlighted experts summoned by the Faculty of Law (FD) of the UNAM.
During the aforementioned congress, the coordinator of the Interdisciplinary University Seminar on Citizen Security of UNAM, Patricia Lucila González Rodríguez, pointed out:
To achieve full equality between men and women, it is necessary that through education at all levels work is done on modifying socio-cultural patterns of behavior, with a view to eliminating prejudices and practices based on the idea of superiority or inferiority, or stereotypical roles of men and women.
Meanwhile, the lawyer and academic specialist in Criminal Law, Julio Hernández Barros, stated that micromachisms are maneuvers and strategies subtle, almost imperceptible, that men have to exercise daily dominion over them, and that threaten their autonomy and feminine freedoms. “They are clever tricks, tricks, manipulations to impose our reasons, desires and interests in everyday life.”
They go unnoticed because they are considered something natural; Several of these behaviors are purposeless, but learned from infancy. Saying that the main function of a woman is to find a partner, get married and be a mother, is an example.
But “those subtle actions they have the same intentions as to exercise more egregious and obvious violence; both are heading towards masculine supremacy over feminine ones ”, he warned.
It is important that the formal, in-depth study of the gender perspective is introduced in law schools and police institutions, law enforcement and administration, and is complemented with the methodologies used by the Criminalistics and Criminological sciences, to impact from the teaching of legal practice, both in the police field and in the public prosecutor’s office, the public defender’s office and the courts, he added
In various judgments and resolutions, in daily police work and in prosecutors, stereotypes are involved especially when it comes to matters related to them; for instance, in the crime of rape, the victim is deprived of credibility by not having tried to escape or not showing the behavior expected by society.
Likewise, not to report in a timely manner or if the person affected and the perpetrator of the attack know each other, since it starts from the prejudice that the sexual act was consensual. Other factors such as “dressing inappropriately” or being in a certain place at “certain hours of the night” are issues that should also disappear, said González Rodríguez.
The head of the Special Prosecutor’s Office for the Investigation of the Crime of Femicide, Sayuri Herrera Román, recalled that this instance was created in 2019 in the Attorney General’s Office of Mexico City.
That crime, he said, was previously investigated in the Homicide Prosecutor’s Office. Today, for example, there is a transfemicide investigation unit, unique in the Mexican State., and in which the investigations of cases of violent deaths of those who have or have not made their identity change before the civil registry are concentrated.
In addition, there is a specialized unit to deal with cases of violent deaths of those who are unknown and where “our additional task is to try to identify them”, work carried out by specialists in various areas: dental experts, physical anthropology, obtaining genetic profiles or fingerprints, and confrontations are made with search commissions and other prosecutors, especially in the case of those found in public space.
Likewise, there is a Femicide Attempted Investigation Unit. “An effective way to prevent this crime it is access to justice and the abatement of impunity, ”said Sayuri Herrera.
In the session dedicated to gender violence, Javier Gustavo Fernández Teruelo, from the University of Oviedo, mentioned: in Spain, while there was confinement due to the pandemic, there was a significant decrease in the number of women murdered because being in a closed environment the decision to break up against another of abuse –which can lead to separation, divorce or denunciation– was not easy to carry out.
From March to December 2020, femicide rates decreased significantly; However, when the confinement ended, in the short period of 10 to 15 days there were nine femicides in that nation (Spain). What happened is that when the victims of abuse had bravely made the decision to take the step of breaking up, they faced the extremely violent reaction of the abuser, who has a vital dependence on the relationship of dominance, to the point that he does not conceive of life outside her.
Violentometer: how much do you identify violence in your relationship?
More than 66% of Mexican women aged 15 and over have experienced violence (according to official data from INEGI, 2016). And in the country more than 16.4 million mWomen do not have their own income or their income comes from other sources. This leads them to depend on other people for their support and that of their families and children.
That is why these factors can be triggers for violence both within the family and in other areas, such as school, work with friends or in a relationship with a partner.
It is because of that The Trust for the Americas of the Organization of American States (OAS), supported by one of its flagship programs, the VIVE project, distributed the “Manual for the Prevention of Violence against Girls and Women”, a practical guide that allows identifying when they are victims of gender violence and what actions they can take to reverse the situation or get out of violent situations.
Most of the time it occurs in our closest spaces, that is, in our own home or family. So in Mexico, 43.9% of womens who claimed to have experienced violence were attacked by their own partner (ENDIREH, 2016).
Violence starts at home
The problem is that, since we are girls, they teach us that there are certain “permitted behaviors” for men and women, and within these permitted behaviors is violence. From the time when a boy is told “boys don’t cry”, or “the last one to arrive is a girl”, until “don’t go to crack”, men have been forced to show that “they are strong”, that “no they are afraid ”, and above all, that by using violence they will demonstrate their power. This idea, totally wrong, makes many men believe that violence is the only way to express themselves and manage emotions.
Violence is sanctioned in Mexico. In 2007, the General Law on Women’s Access to a Life Free of Violence (LGAMVLV) was published. This law is important because it obliges the authorities to take actions to prevent, address and punish violence against women and girls.
This law defines for the first time the types of violence in physical, psychological, economic, patrimonial and sexual; in order to show that many times the violence is not seenIn other words, it can occur through actions such as controlling spending, threatening the partner, forcing them to do things they do not want, and so on.