Historic in Edomex: Stalking Someone Is Now a Crime; It Will Be an Aggravating Factor in Femicide

In a unanimous decision, the Congress of the State of Mexico approved reforms to the Penal Code to criminalize the crime of stalking, also known as stalking. This behavior will also be considered an aggravating circumstance for the crime of femicide, marking a significant advance in the protection of women.

The full legislative branch of the State of Mexico has taken a crucial step in the fight against gender-based violence by unanimously approving the criminalization of stalking. This reform to the state Penal Code seeks to punish conduct that is often a prelude to more serious crimes, such as assault, rape, or femicide. The new legislation not only creates a specific criminal offense for stalking but also establishes it as an aggravating factor in cases of femicide.

Stalking, or stalking, is defined as the persistent and intrusive pursuit of a person, generating a state of fear, anxiety, and insecurity in the victim that disrupts the normal course of their life. This behavior can manifest itself in various forms:

• Constant surveillance at the victim's home, workplace, or places frequented by the victim.

• "Casual" and unwanted appearances in the same places.

• Unwanted and persistent calls, messages, or communications through digital or traditional means.

• Sending unsolicited gifts.

• Direct or veiled threats.

With the new reform, these actions will no longer be considered minor offenses or non-criminal matters, but rather a crime that can be reported and punished. The initiative, promoted by various political parties, recognizes that stalking is a form of psychological violence that causes profound harm and frequently escalates to physical violence.

Perhaps the most significant point of the reform is the inclusion of stalking as a circumstance that aggravates the penalty for the crime of femicide. This means that if it is proven that the femicide stalked his victim before committing the crime, the sentence he receives could be higher.

This measure responds to a reality documented by groups and activists: in a high percentage of femicide cases, the victims had previously reported to family members, friends, or even authorities that they were being harassed, followed, or monitored by their attacker. By making stalking an aggravating factor, the justice system recognizes this pattern and sends a strong message that these acts of prior harassment will be taken very seriously.

The approval of this reform comes at a time when the State of Mexico is facing serious challenges regarding gender-based violence. The local Congress has taken other measures, such as verifying the use of resources in municipalities with gender alerts. Furthermore, recent cases such as the femicide of Natalia, a 14-year-old girl in Otzolotepec, underscore the urgency of strengthening the legal framework to protect women and girls.

"The State of Mexico Congress approved the criminalization of stalking. It is also incorporated as an additional circumstance that constitutes the crime of femicide."

With this legislation, the State of Mexico joins other entities that have made progress in criminalizing stalking, responding to a social demand and the need for more effective legal tools to prevent violence and punish aggressors from the first signs of their criminal behavior.