Mexico to toughen sexual abuse laws with consent focus

During the ordinary session period of 2026, the Chamber of Deputies will debate one of the most sensitive reforms on the legislative agenda: modifications to the Federal Penal Code regarding sexual abuse.

Ricardo Monreal Ávila, coordinator of the Morena Parliamentary Group and president of the Political Coordination Board, confirmed that the proposal sent by the Senate of the Republic will be analyzed.

The proposal, submitted on December 9, 2025, proposes changes to articles 260 and 266 Bis of the Federal Penal Code with the objective of redefining the crime of sexual abuse, toughening sanctions, and placing consent as the central axis for its classification.

CLEAR AND UNAMBIGUOUS CONSENT

According to Monreal Ávila, the initiative—promoted by senators Laura Itzel Castillo Juárez and Martha Lucía Micher Camarena, as well as by deputy Anais Miriam Burgos Hernández—seeks to have article 260 include a “broader, clearer definition in accordance with international standards.”

One of the most relevant changes is that it explicitly establishes that the silence, passivity, or lack of resistance of the victim does not constitute consent. Furthermore, consent cannot be presumed when the will has been nullified or vitiated through violence, intimidation, deception, threats, abuse of trust, authority, or situations of vulnerability.

The reform establishes that any sexual act without consent—including touching, caressing, or sexual representations—constitutes sexual abuse, regardless of the space in which it occurs.

MORE SEVERE PENALTIES AND DAMAGE REPARATION

The initiative also contemplates stricter sanctions. The prison sentence would be updated to between three and seven years, in addition to an economic penalty.

This is complemented by additional measures such as mandatory attendance at re-educational workshops with a gender and non-violence perspective, or the performance of social service, as well as comprehensive damage reparation, in accordance with the General Victims Law.

Regarding article 266 Bis, the reform expands and specifies aggravating circumstances without eliminating them. The sentence will be greater when there is physical, psychological, or moral violence; when the crime occurs in unpopulated places; or when there is a relationship of kinship, trust, employment, education, sports, artistic, or religious nature between the victim and the aggressor.

A key point is that the crime will be prosecuted ex officio, meaning that a prior complaint from the victim will not be necessary to initiate the investigation.

KEY POINTS OF THE REFORM

• New definition of sexual abuse: Focuses on the absence of consent; silence or lack of resistance does not imply it.
• More severe punishments: Prison sentence of three to seven years, fine, re-educational workshops, social service, and damage reparation.
• Clear aggravating factors: Greater penalty if there is violence, abuse of trust, or kinship. The crime will be prosecuted ex officio.
• Protection for vulnerable persons: Facilitates investigation and damage reparation in cases of abuse of power.
• International alignment: Adapts Mexican legislation to international human rights standards.