What is the “Ley Alina”?
The “Ley Alina” is a legislative initiative that reforms local penal codes in Baja California and Tamaulipas to protect women who, facing gender-based violence, act in self-defense against their aggressors. If a woman is exposed to physical, sexual, or femicidal violence and responds with force, the presumption of legitimate defense will be respected, except when proven otherwise.
Origins of the “Ley Alina”
The “Ley Alina” originated from the case of Alina Narciso, a municipal police officer in Tijuana, Baja California, who experienced violence from Rodrigo “N,” another police officer and her then-partner. On December 12, 2019, in an attempt to defend herself from a lethal attack, Alina used Rodrigo’s firearm and shot him, resulting in his death.
Initially, Alina was sentenced to 45 years in prison for homicide. After spending three years in custody, she was acquitted and released in May 2023 after her actions in self-defense were recognized.
Activists and collectives argue that Alina Narciso’s case is not isolated but part of a broader pattern of patriarcal violence. Following this case, Liliana Sánchez Allende, a Morena deputy in Baja California, and Magaly Deandar Robinson, a Morena deputy in Tamaulipas, proposed the legislative initiative to amend the Baja California Penal Code and the “Ley de Acceso de las Mujeres a una Vida Libre de Violencia” to acknowledge legitimate defense in contexts of gender-based violence.
The “Ley Alina” also aims to ensure that a victim’s actions driven by fear or terror during an attack are not considered excessive in legitimate defense, as such emotions can impair judgment and make a proportional response challenging in violent situations.
Misconceptions about the “Ley Alina”
The reforms approved in the northern states have sparked public debate about the potential implications of the “Ley Alina.” Social media users and influencers have claimed that this initiative grants women a “license to kill” to evade the law.
This notion is based on misinformation, as Mexican laws already recognize legitimate defense. It allows an individual to act in self-defense or on behalf of others without legal responsibility, provided there is an actual, ongoing, and unjustified threat, and the response is proportionate to the danger faced.
The “Ley Alina” merely modifies the procedures to obligate judicial authorities (prosecutors and judges) to consider a gender perspective throughout the entire criminal process. The goal is to acknowledge violence against women and girls in these contexts and ensure survivors’ access to their rights.
Activists and collectives have welcomed the approval of these reforms in Baja California and Tamaulipas’ penal codes, and it is hoped that other states will join the discussion and debate to adopt the “Ley Alina”.
Key Questions and Answers
- What is the “Ley Alina”? The “Ley Alina” is a legislative initiative in Baja California and Tamaulipas that reforms local penal codes to protect women who act in self-defense against gender-based violence.
- Who is Alina Narciso? Alina Narciso is a municipal police officer in Tijuana, Baja California, whose case led to the creation of the “Ley Alina.” She was initially sentenced for homicide after defending herself against a lethal attack by her then-partner, but was later acquitted and released.
- What does the “Ley Alina” aim to achieve? The “Ley Alina” aims to ensure that women facing gender-based violence are protected under the law when they act in self-defense. It also seeks to recognize that victims’ actions driven by fear or terror during an attack should not be considered excessive in legitimate defense.
- Is the “Ley Alina” a license to kill? No, the “Ley Alina” does not grant women a license to kill. Legitimate defense is already recognized in Mexican laws, and the “Ley Alina” modifies procedures to ensure a gender perspective is considered throughout criminal processes.
- What is the significance of the “Ley Alina”? The “Ley Alina” is significant because it acknowledges the unique challenges women face in situations of gender-based violence and aims to protect them when they act in self-defense. It also encourages judicial authorities to consider a gender perspective during criminal proceedings.
