Justice Served? Roxana Ruiz Sentenced for Defending Herself Against Rapist

After a judge handed down a sentence of six years, two months, and seven days in jail to Roxana Ruiz last Monday for killing her rapist in a house in the Benito Juárez neighborhood of Ciudad Neza on May 8, 2021, the Judiciary of the State of Mexico (PJEM) provided an explanation for the decision.

The 23-year-old girl from Pinotepa Nacional, Oaxaca, was charged with simple homicide committed with an excess of self-defense against Sinai “N”. The PJEM stated in a release on Wednesday that the judge thoroughly examined the evidence presented by both the prosecution and the defense from a comprehensive gender perspective, taking into consideration Roxana “N”‘s vulnerability as a woman and an indigenous person.

During the trial and sentencing hearing held on Monday afternoon at the Oral Trial and Sentence Execution Courts attached to Neza Bordo prison, the judge determined that excessive force in legitimate defense was evident. According to the evidence, Roxana “N” rendered Sinai “N” unconscious with a blow to the head and subsequently suffocated him by strangulation. The judge argued that the blow was sufficient to subdue the physical aggression, effectively neutralizing the threat.

After the incident, Roxana remained with the corpse for at least 20 hours and engaged in postmortem actions, inflicting five wounds measuring between 4 and 32 centimeters with a razor or knife. The judge considered these actions to worsen Roxana’s culpability, as she attempted to mutilate the body, place it in a plastic bag, and dispose of it in the street.

“The parties have the right to appeal this sentence, and in the appellate stage, the magistrates will confirm, modify, or revoke the ruling,” announced the PJEM. Despite receiving a sentence against her, Roxana is currently free due to a federal judge granting her an amparo to remain out of prison during the legal process.

In the statement, the PJEM urged journalists and society to respect the judge’s decision, which was based on the evidence presented by the parties.

Roxana Ruiz Sentenced to Over Six Years in Prison On Wednesday, May 10, a hearing was held in which the same PJEM judge determined Roxana’s responsibility in the death of Sinai, the individual who had sexually assaulted her two years ago in May. The ruling acknowledged that Roxana was a victim of sexual violence and recognized her as a vulnerable person. Legitimate defense was also deemed to have occurred. However, the Prosecution Court argued that Roxana exceeded the bounds of legitimate defense when protecting her own life and sexual freedom, which she should have ceased but did not.

During Monday’s hearing, the judge declared that the defendant acted intentionally in her defense after experiencing sexual abuse, thereby engaging in unlawful behavior. In the presence of Sinai’s mother, the woman Roxana killed while defending herself, the justice minister acknowledged Roxana’s experience of sexual and gender violence but stated that her actions were disproportionate and irrational.

Following the rape by Sinai in the room where Roxana resided, she used an object to strike her attacker. According to the judge’s argument, this action had already subdued him. However, Roxana then proceeded to strangle him with a shirt, leading to his death. She also dismembered the body, thereby committing a serious crime through her inappropriate conduct.

The Cost of Repairing the Damage for Roxana Throughout the proceedings, Roxana was accompanied by an expert interpreter who translated the entire hearing into the Mixtec language. In addition to the sentence, the judge imposed fines of 7,748 pesos, 196,267 pesos, and 89,620 pesos to cover non-material damages. The judge emphasized that the trial adhered to a gender perspective, considering Roxana