Quintana Roo Expands Sexual Abuse Law to Include Erotic Acts

Quintana Roo, Mexico — The Quintana Roo State Congress has approved reforms to the state penal code that incorporate non-consensual erotic acts as a form of sexual abuse, a crime that will now be prosecuted ex officio, strengthening the legal protection for victims of sexual violence.

Reforms to the Quintana Roo Penal Code

The reforms consist of modifications to Article 129 and the addition of Article 131 Bis, promoted by Governor Mara Lezama Espinosa as part of the process of harmonization with the federal reform to update and expand the criminal offense of sexual abuse.

The objective is to incorporate a broader definition of sexual acts, which contemplates not only physical contact but also behaviors of a psychological and coercive nature.

What Behaviors Now Constitute Sexual Abuse?

According to the approved text, the crime of sexual abuse is committed by anyone who, without consent and without the intention of reaching copulation, carries out any of the following behaviors in the public or private sphere:

• Performing acts of an erotic or sexual nature on a person
• Forcing a person to perform erotic or sexual acts on themselves, on the aggressor, or on a third party
• Performing erotic or sexual acts in the presence of a person without their consent
• Forcing a person to observe or participate in erotic or sexual acts

These provisions broaden the scope of the crime beyond touching, including forced exhibition of the body, forced observation of sexual acts, and other behaviors carried out against the victim’s will.

Eroticism as Part of the Criminal Offense

Although the reform does not establish an autonomous legal definition of eroticism, the approved ruling equates it to sexual acts through a detailed description of the behaviors that constitute it.

The document states that erotic or sexual acts are considered to be:

“Touching, groping of the body, caresses, rubbing or friction on intimate parts, as well as acts that represent explicit sexual content or force the victim to exhibit their body or witness sexual acts against their will.”

With this, any restriction that prevents the exercise of criminal action in cases of sexual violence of a psychological or symbolic nature is eliminated.

Crime to Be Prosecuted Ex Officio and Increased Penalties

With the reform, the crime of sexual abuse in Quintana Roo will be prosecuted ex officio, meaning it will not depend on a direct complaint from the victim for authorities to initiate the criminal process.

The established penalties are:

• 8 to 12 years in prison
• Fine of 200 to 500 times the daily value of the UMA (Unit of Measurement and Update)

In case of aggravating circumstances, the penalty can increase from 12 to 18 years in prison.

Furthermore, the new Article 131 Bis establishes that sentenced persons must undergo mandatory psychological treatments, with the aim of preventing recidivism and favoring social reintegration.

Advance in the Protection of Victims in Quintana Roo

With these reforms, Quintana Roo strengthens its legal framework to combat sexual violence, aligning with federal standards and expanding the protection of victims’ rights against behaviors that previously could have gone unpunished.