Querétaro Prosecutor’s Office in Mexico Seeks Prison Sentence for Teenager Who Suffered Miscarriage After Rape

The Querétaro State Prosecutor’s Office, in Mexico, has requested a three-year prison sentence for a 14-year-old girl who suffered a miscarriage after being raped. In addition to this request, the Prosecutor’s Office is also seeking a “reparation of damages” amounting to 518,000 pesos (approximately $28,000 USD) to be paid to the “father of the fetus.” This legal approach has sparked widespread indignation across society and among human rights groups, given the context of sexual violence surrounding the case.

During the preliminary hearing, the Prosecutor’s Office formally proposed that the minor be sent to the State Juvenile Rehabilitation Center and that she pay compensation to the alleged abuser. According to Mayra Dávila, president of the organization Adax Digitales, which provides legal support to the girl, the teenager was unaware of her pregnancy and, after experiencing heavy bleeding in the municipality of Huimilpan, Querétaro, was urgently treated by emergency services. This led the emergency personnel to notify authorities, who subsequently opened investigation file CI/QRO/20351/2023.

“There was no exclusion of the evidence held by the Prosecutor’s Office. In other words, we’re going to trial with everything included in the case file, and none of the evidence was dismissed. We asked for certain testimonies to be excluded as they are re-victimizing and unrelated to the facts under investigation,” Dávila told local media, referring to evidence that, in her view, should be removed from the process.

For his part, Querétaro State Prosecutor Víctor Antonio de Jesús Hernández justified the investigation, claiming it was initiated as a homicide case due to the fetus being over 36 weeks’ gestation. In previous statements to Diario de Querétaro, Hernández emphasized that no case files have been judicialized under the crime of abortion in the state. However, organizations such as Adax Digitales have indicated that Querétaro has opened at least seven investigations relating to abortion this year, despite the Supreme Court of Justice of the Nation (SCJN) ruling that such cases should not be prosecuted.

“I saw an interview in which the head of the Prosecutor’s Office said, ‘no case files related to the crime of abortion have been judicialized; that’s true. What we’re pointing out is that cases are still being opened under the crime of abortion, even though they cannot be prosecuted,” Dávila explained.

As a result, this case has generated a strong reaction on social media and among human rights activists, who question both the request for prison time and the monetary compensation to the alleged abuser, who is also a minor. In the meantime, the girl remains under house arrest as she awaits a trial date, which is expected to be scheduled in the coming days.

Profile of the Prosecutor Amid the Controversy

Víctor Antonio de Jesús Hernández, according to local sources, assumed the role of State Prosecutor in Querétaro, Mexico, in August of this year. Since 2016, Hernández has held various positions within Querétaro’s judicial system, including that of Legal Advisor to Governor Mauricio Kuri, and notary of Public Notary Office 14 in San Juan del Río. He also served as the Undersecretary of Government in Querétaro. Nevertheless, his request for imprisonment and damages reparation has placed him at the center of public debate, drawing significant criticism on social media and among advocacy groups.

In this context, the judicial process has had a notable impact on public opinion, especially in a climate where Querétaro faces growing social pressure on reproductive rights and justice for victims of sexual violence.