A woman protests against sexual harassment and violence against women in Mexico (Picture: Getty)
The girl was reportedly raped by one of her father’s work colleagues while she was at home during a school holiday in May. She told police about what happened and a medical report supported her version of the alleged crime.
However, a judge in Sonora state accused the defendant of the lesser charge of illegal sex with a minor – despite prosecutors calling for a rape trial.
This meant the alleged victim was not able to get an abortion in that area – even though a national law was introduced allowing abortion in case of rape, regardless of whether they reported the crime or there was a conviction.
Laws regarding abortion differ across Mexico. Although the capital Mexico City made abortion in the first 12 weeks of pregnancy legal in 2007, other areas tightened their laws in response.
Where the 13-year-old girl lives, it is legal only in the case of rape.
Regina Tames, director of the Group for Information on Reproductive Choice, said the judge’s decision meant the crime was one where consent was obtained through deception or seduction, falling short of rape.
But it was rape, Ms Tames said, adding that the girl was not offered emergency contraception in the aftermath.
‘She has the right as the victim of sexual aggression to end the pregnancy,’ Tames said. ‘The classification of the crime doesn’t matter.’
Her advocacy group did not become aware of the alleged crime until last week, Tames said, although the family reported the assault to state investigators the same day it occurred.
A representative in the communications department for the Sonora state health agency said officials were meeting about the case and would comment later.
Tames said the family was considering bringing the girl to Mexico City for an abortion where it is legal up to 12 weeks.
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