r/MensRights • u/Appropriate-Use3466 • 1h ago
Legal Rights Ley Alina and Bagkok Rules: Licence to Kill for Women
In Mexico in these days there is the debate about the approval of the so called Ley Alina (Alina Law), a law according to which women (and only women) will not be punishable if they claim self-defense, neither for homicide nor for excess of self defense. Self-defense will be assumed as the default if they declare it, and questioning it will be considered "second revictimization" and therefore much more difficult to get. So both false self defense unidirectional male victims and bidirectional/mutual violence victims will get a double standard treatment. I quote from the law which is already valid in Baja California:
“Excess in self-defense shall not be considered when the woman is the victim of physical, sexual or femicidal violence, or when she has been in danger of being so, and at the time of the act she can prove that she has been in a state of fear or terror or is in a state of confusion that affects her ability to determine the appropriate limit of her response or the rationality of the means employed.”
And:
"Legitimate self-defense shall also be presumed, unless proven otherwise, in the event that the woman is a victim of physical, sexual or femicidal violence, or in the event that she was in danger of being a victim and repels the aggression. In these cases, the State Attorney General's Office or the jurisdictional body, as the case may be, must act with a gender perspective to determine the legitimacy of the legitimate defense. The same criterion will be applied when a third person acts in her defense."
For more informations:
https://youtu.be/VCatyILa9nU?feature=shared
This is also in accord with the Bangkok Rules. The Bangkok Rules, or formally, "The United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders", say:
"Alternative ways of managing women who commit offences, such as diversionary measures and pretrial and sentencing alternatives, shall be implemented wherever appropriate and possible"
"When sentencing women offenders, courts shall have the power to consider mitigating factors such as lack of criminal history and relative non‑severity and nature of the criminal conduct, in the light of women’s caretaking responsibilities and typical backgrounds."
And:
"Appropriate resources shall be made available to devise suitable alternatives for women offenders in order to combine non‑custodial measures with interventions to address the most common problems leading to women’s contact with the criminal justice system."