Path to Define Attempted Feminicide

Legal initiative seeks to define and penalize attempted feminicide, addressing gaps in recognizing gender-based violence. Efforts underscore need for clearer laws, training, and political will to protect women effectively.

**Path to Recognizing Attempted Feminicide: A New Legal Initiative**

In May 2020, Fernanda, a 26-year-old woman, was attacked by her ex-partner, Antonio, outside her home in the Solidaridad neighborhood. Their tumultuous relationship took a violent turn when Antonio attempted to shoot her twice; the gun misfired at first, but delivered a hit on the second attempt. Despite the severity, legal proceedings concluded with a conviction for shooting a firearm, resulting in a mere two-year sentence for Antonio. The case highlighted gaps in the legal system’s ability to interpret acts of violence with a gender perspective.

Recently, human rights officials, including Commissioner Jorge Ochoa, publicized another tragic incident involving Daryela Valdez Rocha, a 25-year-old law student murdered by her ex-partner Honorio in January 2023. The State Human Rights Commission (CEDH) critiqued local law enforcement for not recognizing the gendered nature of the threats and attacks Daryela faced, which they treated as isolated incidents. This criticism underscores the urgent need to categorize “attempted feminicide” to preempt further violence against women.

Advocates Michel Sánchez Allende and Miriam Ayón Castro argue for explicit legal definitions of attempted feminicide to reduce subjective judicial interpretation. They also call for increased training and political commitment to support such legal reforms. The CEDH’s recommendation outlines that acknowledging the attempts could provide a framework for more stringent law enforcement action and protect potential victims more effectively, thereby decreasing the likelihood of future tragedies.

**Latest Developments on Gender Violence and Judicial Measures**

Baja California faces a persistent challenge with domestic violence, recording over 11,300 cases in 2024, a significant portion from Mexicali. This year alone has seen 26 femicides officially reported in the region. The statistics stress an underlying systemic issue as most cases involving female victims have not been categorized as attempted feminicides due to unclear legal parameters.

Legislative improvements have been noted in other states, such as Puebla and Nuevo León, where attempts at feminicide are legally defined, with clear penalties for recurring aggressions. These regions exemplify potential frameworks for broader legal reform in Baja California and nationwide.

Despite progress, experts like former lawmaker Miriam Ayón Castro emphasize that the lack of concrete legal action is often due to political inertia rather than absence of frameworks. The integration of a gender perspective into legal proceedings remains crucial for justice systems to appropriately address and mitigate violence against women.

The conversation on defining attempted feminicide in law is gaining momentum, as officials strive for a justice system that not only punishes current crimes but also prevents future ones through meticulous assessment and intervention strategies.