The Baja California Sur Congress unanimously approved reforms to the state penal code on April 21, strengthening legal protections for women who act in self-defense against abusers. The package of changes, known as “Ley Alina,” modifies Articles 31 and 87 of the BCS Penal Code to require that courts judge women’s self-defense cases with a gender perspective.
Under the new rules, a woman who has suffered physical, sexual, or feminicidal violence will not be considered to have exceeded the legal bounds of self-defense if she acted out of fear or terror. Women who injure or kill an aggressor in a domestic violence context, including attacks by a spouse, partner, or close family member, can be exempted from criminal liability when a pattern of violence is documented.
What the Reforms Change
The legislation was championed by PT (Labor Party) lawmakers Karina Olivas Parras and Fernando Hoyos Aguilar. During the session in La Paz, Morena legislator Teresita de Jesús Valentín Vázquez spoke in support of the measure.
“This ruling recognizes a reality that was ignored for a long time,” Valentín Vázquez said. “There are women who live under constant violence, who don’t have an isolated moment of aggression but an entire life marked by fear. When they finally defend themselves, the system can punish them again.”
The reforms also expand the femicide statute. New aggravating factors apply when a victim belongs to a vulnerable group or when the perpetrator is a public servant who abused their position. Convicted aggressors will lose all legal rights with respect to the victim, including inheritance rights and parental authority.
Named After a National Case
The “Ley Alina” name references a case that sparked national debate about how the justice system treats women who defend themselves against violent partners. Olivas Parras noted that the case prompted discussions across Mexico about the need to recognize the context of gender violence in criminal proceedings.
BCS now joins states including Baja California and Tamaulipas, which have already approved similar reforms. Chihuahua and the State of Mexico have introduced comparable proposals. The vote came during a period of persistent concern over femicides and attempted femicides in Baja California Sur.
The reforms apply statewide and take effect upon publication in the BCS Official Gazette. Originally reported by BCS Noticias.