The Supreme Court of Justice of the Nation (SCJN) in Mexico has recently rejected a proposal to incorporate a trauma perspective in the judicial process concerning cases of sexual violence against minors. This decision came during the review of an amparo, or legal protection, filed by a man sentenced to 17 years in prison for the rape of his daughter. He argued that the testimonies presented were not audible, which he claimed negatively impacted the court's decision. Minister María Estela Ríos proposed that judges should consider the trauma experienced by victims in their rulings to ensure a thorough understanding of the circumstances surrounding such cases.

The rejection of this proposal raises significant concerns regarding the judicial treatment of victims of sexual violence, particularly minors who may already be in vulnerable positions. Minister Ríos emphasized that a trauma-informed approach could help courts better analyze the implications of traumatic experiences on victims’ lives and decision-making processes. The court's refusal to incorporate such a perspective indicates a potential gap in the legal framework aimed at protecting minors from further harm and ensuring fair trials.

This decision could also have broader implications for the legal handling of similar cases across the country, reflecting a continuing debate within the judiciary about balancing the rights of defendants against the need to protect and support victims, especially in sensitive matters involving minors. The lack of adopted trauma perspective may further complicate the already challenging nature of prosecuting sexual violence cases, potentially impacting the willingness of victims to come forward and testify in the future.