The Attorney General of Querétaro, Víctor Antonio de Jesús Hernández, clarified that minor Esmeralda was not accused of abortion, but of homicide. It was confirmed that the fetus of her pregnancy was born alive, breathed, and was then suffocated. According to the investigations carried out, the minor brought the body of the newborn to the hospital, where the medical staff informed the prosecution about the death to investigate the cause of death.
In an interview with AR Noticias, Attorney Hernández explained: "The reason we made the homicide charge was because we had a person who was born, breathed, and was the result of a gestation of more than 36 weeks, therefore we had to carry out the development of the proceedings." It was verified that the death was due to strangulation, according to statements shared by the state judicial authority.
The experts conducted the necessary studies to support the accusation and found evidence corresponding to the cause of death in the body of the newborn. Regarding the report of sexual abuse as the origin of the pregnancy, it was concluded that there was no rape, information conveyed to the minor’s defense without objections. The attorney clarified that there was no request for reparation of damage for the alleged rapist, debunking this information out of context.
In the next phase of the process, the presentation of evidence will take place, which the judge will assess to issue a sentence. The young woman is currently under house arrest, and the penalty could be up to three years in prison, although it could be determined that she will not be placed in a correctional facility and will not be asked to repair the damage. Finally, the attorney mentioned that he will meet with the federal government's Secretary of Women to address the case with a gender perspective, safeguard the rights of the teenager, and address the causes of the unfortunate event.
