**Pathway Opened to Classify Attempted Femicide in Baja California**
In May 2020, Fernanda, a young 26-year-old woman, was attacked by her former partner, Antonio, outside her home in Solidaridad, Baja California. The tumultuous relationship culminated in violence when Antonio attempted to shoot her twice. Fortunately, the first attempt failed due to a firearm malfunction, but tragically, the second bullet hit its target.
This case was brought to the public’s attention, highlighting the struggle to classify it as attempted femicide. A year later, Antonio was arrested, and after a lengthy legal process, the case was relegated to a charge of assault using a firearm, resulting in a two-year sentence. This is just one example of numerous cases where gender perspective is inadequately considered by the Public Ministry or the judiciary in acts of violence.
In a recent public statement on October 15th, officials including Liliana Fonseca and the Human Rights Commissioner, Jorge Ochoa, addressed another tragic case involving 25-year-old Daryela Valdez Rocha. Daryela was allegedly murdered by her ex-partner, Honorio, who was significantly older. Besides the alleged perpetrator, the State Human Rights Commission (CEDH) pointed to the General State Attorney’s Office (FGE) and Municipal Police for their failure to properly apply a gender perspective in past violent incidents involving Daryela.
CEDH has urged state authorities to work towards classifying attempted femicide as a preventive legal measure to protect women facing gender-based violence. The persistent failure to see recurring attacks as connected rather than isolated events has been critiqued, potentially preventing crimes if addressed collectively.
The drive to implement a legal structure for attempted femicide is backed by local political figures, like Congresswoman Michel Sánchez Allende, and women’s advocacy groups. Though supportive of the classification, they argue that effective implementation also requires enhanced training for legal professionals and political will.
**Response to the Case of Daryela Valdez**
For the State Human Rights Commission, Daryela’s case underscores systemic failures in handling gender-based violence cases. The commission criticizes the legal bodies involved for not preventing what was eventually a femicide.
The commission suggests that recognizing attempted femicide legally would reduce investigative errors and prevent acts of gender violence from escalating. The commission’s recommendation extends to holding authorities accountable for overlooking gender factors that could link separate incidents.
The statistics in Baja California reveal over 11,000 family violence cases in 2024 alone, with Mexicali accounting for a significant portion. Of the reported femicides, many are not recognized as such due to inadequate application of gender-based legal criteria.
For instance, some regions like Puebla clearly define repeated targeted violence against the same individual as attempted femicide, while others, like Nuevo León, have more vague statutes but similarly emphasize increased penalties.
**Continued Challenges Without Adequate Political Support**
Despite identifying the need for a specific framework for attempted femicide, the absence of comprehensive training and political commitment slows progress. Advocates argue that existing legal structures are underutilized due to this lack of engagement from the judicial operators tasked with implementing them.
**Secondary Article: Rising Calls for Legal Reform in Cases of Gender-Based Violence**
With growing public and institutional pressure to address gender-based violence, several states in Mexico are evaluating their legal frameworks. In states like Yucatán, legislation now more explicitly demands integration of attempts to femicide in judicial proceedings. The push for reform reflects broader efforts across Latin America to bridge gaps in gender justice and improve support systems for victims.
In parallel, international women’s rights movements spotlight how legal definitions and enforcement must evolve to protect vulnerable communities effectively. Countries like Mexico, facing rising gender violence statistics, may find pathways shared by international counterparts valuable in refining their legal protocols for comprehensively addressing and preventing gender-based violence.