Can Mandatory Prosecution of Domestic Violence Increase the Probability of Femicide? Evidence from Mexico

• In Event: Gender, Crime and Justice Working Group Panel 13: Investigative, prosecutorial and judicial decision-making in GBV

Abstract

To date, the research on mandatory or ex officio prosecution of domestic violence is limited. It is uncertain whether this approach is actually effective or detrimental to the victims of domestic violence. It is worrisome that despite such limited evidence to prove the efficacy of this approach, more countries are leaning towards its adoption.

Focusing on Mexico as a case study, a country with sub-national variations in mandatory and non-mandatory prosecution of domestic violence, alongside alarmingly high rates of violence against women, this study aims to contribute to the understanding of this phenomenon. The research uses statistics from official databases of The National Statistics Institute of Mexico, spanning from the year 2006 to 2021. It employs a Difference in Difference methodology to establish that mandatory or ex officio prosecution of domestic violence can, in fact, lead to a significant escalation of domestic violence, as measured by the rate of femicides.

These findings are particularly significant as the Mexican Senate deliberates the potential implementation of nationwide ex officio prosecution for such crimes. Moreover, in European countries where the recognition of international treaties and adherence to international human rights obligations are prevalent, the adoption of ex officio prosecution has increased across various jurisdictions in response to the imperative to address domestic violence effectively.

Author

• Veronica Jaso, The London School of Economics and Political Science (LSE)