The State Congress approved the creation of the Public Registry of Sex Offenders (RPPAS), which will compile the names of individuals convicted of sex crimes and femicide.
During Thursday’s regular session, legislators voted to endorse an amendment to the State Penal Code stipulating that compensation for moral damages does not exempt convicted individuals from being registered.
The amendment mandates that criminal court judges must order registration in this registry for crimes such as femicide; trafficking of minors under 18 years of age; sexual abuse of children or adolescents; sexual harassment of minors; violation of privacy; recruitment and trafficking of minors; corruption of minors and incapacitated individuals; sexual exploitation; and pimping.
Independent Representative Sergio Contreras Guerrero asserted that the RPPAS aims to prevent new crimes and provide effective protection for victims. Registration is a legal consequence of a court sentence, applicable only to those found guilty of committing sexual assault.
When someone who has committed these crimes is released, it opens the possibility of direct contact with potential victims. Therefore, a modern and courageous prevention system is being implemented, recognizing that the fight against sexual violence requires data, surveillance, and institutional commitment.
“Sexual violence is no longer a hidden issue. Depriving ourselves of this tool means forcing families to live blindfolded, unaware of who is approaching and living with their family, with their children,” she noted.
Congresswoman Susana Bermúdez Cano added that the reform will directly impact the lives of victims of sexual crimes and their families, because sexual violence against children and adolescents is one of the most damaging forms of violence, not only to the social fabric but also seriously and irreparably harming the integrity of individuals.
Registration will be required in cases where there is a final judgment and will remain in effect for the entire duration of the prison sentence. It will also be maintained for an additional ten years after the convicted person is released. This will apply even in cases where the sentence is substituted or suspended in accordance with the law.
The Organic Law of the Guanajuato State Attorney General’s Office establishes that this institution is responsible for administering and operating the Public Registry of Sex Offenders.
Representative Ruth Noemí Tiscareño Agoitia, speaking against the ruling, stated that they fully shared the conviction that the State must adopt all necessary measures to protect children and adolescents from sexual violence. However, she said that protecting children cannot mean approving unconstitutional or technically deficient laws.
“A bad law doesn’t protect: it creates false expectations and ends up being overturned, leaving a larger institutional void. Therefore, voting against this bill doesn’t mean supporting sex offenders; it means rejecting a false dilemma: it’s not true that the only option is to approve this bill or leave children unprotected,” he asserted.
He emphasized that the bill, approved in Thursday’s session, has a direct constitutional problem. He said that a public registry, with widespread publicity and a duration that exceeds the sentence, effectively functions as an additional punishment, which contravenes Article 22 of the Constitution due to its disproportionate nature, and violates fundamental rights such as the right to social reintegration under Article 18 and the right to privacy.
The congresswoman argues that this is a legally unworkable measure, posing a serious problem in legislative technique, as it incorporates into the Penal Code a provision that is neither a penalty nor a security measure, but rather an administrative instrument.
Meanwhile, her colleague Rolando Fortino Alcántar Rojas stated that the proposed regulatory framework for Guanajuato differs significantly from that of Mexico City, which was previously invalidated by the Supreme Court, as it does not establish procedural rules outside of local jurisdiction nor does it exceed unjustifiable retention periods.
He argued that the majority of Supreme Court justices recognized that this type of registry pursues a constitutionally valid objective and is a suitable means to combat sexual violence.
He stated that the measure serves as a preventive and deterrent tool that allows society and authorities to identify those convicted of sexual offenses, guaranteeing due diligence and enhanced protection for children.
Source: eluniversal
