“You have to convince the boys and girls that it’s not their fault, that they did a very good job of speaking and that they can continue speaking,” says Nayelli Arenas in an interview for La Cadera de Eva. Nayelli is a human rights defender and founder of the Ecatepenses Women for Human Rights association, a space that has been in charge of accompanying various cases of sexual abuse of women and children.
The theme of sexual abuse It has been a situation in which work has been done to prevent, punish and eradicate. However, girls Y kids are more vulnerable to this type of sexual violence.
From January to October 2020, 3,581 cases of hospital discharges due to sexual violence: 3,325 girls and 256 kidsaccording to official data.
It is important to note that in situations of sexual abuse The boy, girl and adolescent do not understand the seriousness of the act due to their psychosexual immaturity and/or are not in a condition to freely accept or refuse.
The sexual violence in childhoods happens when there is any type of contact and/or sexual activity between a child or adolescent and a person who exercises a position of power over him or her, without their consent or using threats, physical, psychological or obtaining your consent by deception; to stimulate yourself sexually or to stimulate other people.
Lawyer Nayelli Arenas explains for Eve’s Hip that when a girl or boy suffers from sexual abuseIt is essential to provide comprehensive support. That is to say, that the attention to the case be legal, psychological and, above all, provide a support network so that children feel protected and safe to present their case.
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appropriation of justice for childhoods
Nayelli Arenas expressed that it is important that the relatives of the victims take ownership of their case, since this allows them to know their Rights and what must happen in all the legal process; In addition, he pointed out that it is necessary for them to resume their lives.
“You have no choice because if you don’t go into the matter, there is simply no justice for the person you love, and part of their recovery is to see that the State, the police, the public ministries and the corresponding authorities sanction the person who harmed who you want,” said the expert.
It is known that in the instances where the judicial processes of sexual abuseMany of the authorities They are not trained to deal with sexual crimes or to deal with cases of abuse against childhoods. the lawyer of Rights commented in an interview that in order to guarantee the due process of the childhoodsat all times it must be treated with empathy and knowledge of the specialized protocols in the matter.
“It is unfortunate that there authorities and even psychologists who blame the childhoods of what happened to them,” said Nayelli Arenas. She adds that in one of the cases she has accompanied, a psychologist from the Ecatepec Prosecutor’s Office asked a child, who had been a victim of abuse, “Are you aware that someone is going to go to jail if you want to continue this?”
This type of comment is a behavior that revictimizes the victims, minimizes them and blames them for what happened to them. That is, with the comment made by the staff, the child could have understood that the abuse was consensual. In situations of sexual abuse the childhoods they do not “allow” abuse, but rather are subjected to it.
How to file a complaint in case of sexual violence childish?
Remember that it is important to pay attention to the story and believe in what it says. Discuss the event alone and in a relaxed way, to give him the security and protection he needs. Put yourself in his place and listen carefully, do not ask him to say more than he wants and can tell. Let him know that he is not guilty of anything, that the only person responsible is the aggressor/a.
“Tell him that he was brave to tell it, that you still love him very much and that you are going to protect him and help him overcome it,” recommends human rights lawyer Nayelli Arenas.
The complaint The child or adolescent can be presented in the company of an adult, or in writing, in this case they must appear for ratification before the Prosecutor for Sexual Offenses or the Prosecutor for the Defense of Minors together with an adult. Before the complaint it is important to seek legal advice, in the Prosecutor’s Office they can offer you a free service by the public defenders.
At the time of complaint, a forensic doctor will perform an examination and take samples from the genitals, during which the victim must be accompanied by an adult. The complaint must include: a detailed narrative of each and every one of the facts, a copy of the child’s or adolescent’s birth certificate, official identification of the adult who accompanies him or her to present the complaint.
READ: How to identify and prevent sexual abuse childish?
Before assembling any document, you must confirm that everything stated is included in the complaintOtherwise, ask for it to be modified. Remember that it is your right to request a simple copy of the declaration, demand it from the agent of the Public Ministry, this copy is free. Only in case of requesting a certified copy, you may have to make a payment.
If the girl or adolescent becomes pregnant as a result of the rape, she has the right to have that pregnancy interrupted, she must go to a public health institution and request it. From the age of 12 a license is not required. complaint prior authorization of the father, mother or guardian. Discover that someone close lived sexual violence it is very painful, you will need help to overcome it and report it, look for a specialized institution with experience in sexual violence child, which gives them confidence and comprehensive care.
adapted justice for the childhoods and teens
The process from complaint It can be complicated, not only because of the type of procedure, but also because of the conditions of the process penal in which it is carried out; from the moment of complaintthe statement and later the trial must protect the integrity of the childhoods and adapt the space so that they feel safe.
“It is very difficult to go to a place that children describe as cold, sad, alone and when you see it as a victim you feel that nobody understands you, that nobody is interested in your matter, that the judge does not care and you feel as if they were favor of the aggressor,” said the lawyer about the experience she has had with cases of childhood abuse.
Given this, the lawyer Rights human rights, takes up the Protocol to judge with a perspective of childhood and adolescence issued by the Supreme Court of Justice of the Nation where it is established that an adapted justice system must be applied in Mexico.
This implies that when a minor is in a process justice, justice must be accessible and appropriate. To achieve this, it is necessary to consider the best interests of the child or childhood and the right to participate, based on their constantly evolving capacities. In other words, any legal procedure must be adapted to the victim according to their age, degree of maturity and level of understanding, without any discrimination.
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Thus, the adapted justice part of the idea that the due process as well as the guarantees of reparation of damage and non-repetition, for which specific measures must be taken in order to ensure that access to justice is given in equal conditions.
“It doesn’t matter if you get out of the legal framework or criminal procedure, you have to adapt the trial and the room so that the child is comfortable, that he does not feel guilty for having denounced and can continue speaking,” said lawyer Nayelli Arenas about the responsibility of the authorities during the criminal process.
The situations of sexual abuse must be treated with due care and attention, not only by the family but also by the authorities pertinent and of all those people involved in the process. The girls, kids Y teenagers they are vulnerable to traumatic events and it is the responsibility of adults to protect their Rights.
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How to accompany girls when they have been victims of sexual abuse?