In the picturesque setting of Malinalco, I recently participated in a yoga retreat that brought together a rich tapestry of individuals, primarily from Mexico. During one leisurely afternoon by the pool, an intriguing conversation arose regarding the safety of women in Mexico City. As the women opened up about their experiences, the dialogue unexpectedly veered towards a topic that is often overlooked: the lives of women in prison.
One of the attendees, María Sotres, shared her insights drawn from nearly three years of work within the female prison system as the former Director of the Social Reintegration Program at La Cana. This organization is dedicated to supporting incarcerated women through various initiatives, including workshops, creative job training, mental health resources, education, and legal assistance.
Unveiling the stark realities of incarceration
As María detailed her experiences, we were drawn into narratives that revealed disturbing realities not only about the Mexican penal system but also about the pervasive gender inequalities embedded within Mexican society.
Currently, around 15,261 women are imprisoned in Mexico, constituting only 6.1% of the entire prison population. However, María pointed out a notable disparity: outside men’s prisons, one can observe long queues of visitors—mothers, siblings, relatives—bearing gifts and oversized plush toys. In stark contrast, the visiting areas of women’s prisons are often nearly empty, with many women spending years without receiving a single visitor.
The gender bias in crime and punishment
Society often paints a sympathetic picture of male offenders, offering excuses for their actions, whereas women tend to be met with disdain and abandonment. This dynamic serves as a poignant reflection of the patriarchal structures and gender biases that continue to pervade life and justice in Mexico.
The most common reason for female incarceration is theft, followed by kidnapping, homicide, and drug-related offenses. However, María argued that many of these instances are not as straightforward as they may appear. Frequently, they represent acts of survival or desperation.
The majority of women in prison come from backgrounds marked by poverty, educational deficits, and social marginalization. Many have endured gender-based violence, often inflicted by intimate partners or family members. These traumatic experiences do not merely precede their incarceration; they can directly influence the crimes they commit.
The cycle of abuse and survival
Economic hardship and coercion can drive women towards illegal activities. Some become involved in crime under pressure from male partners, while others find themselves scapegoated for offenses committed by men within their families or organized crime groups. It is not uncommon for women in prison to have experienced sexual violence, including rape, prior to their incarceration.
Familial obligations add another layer to this complex situation. Many of these women are the primary earners in their families, struggling to provide for their households after being abandoned by partners or left with children to care for. Their journeys to prison often begin with decisions made under duress—such as stealing to feed a family or complying with a relative’s demand to commit a crime.
This environment creates a scenario in which women face punishment not solely for their unlawful actions but also for carrying the burdens of poverty, abuse, and societal double standards.
The flaws in the justice system
A troubling aspect of the Mexican legal system is its reliance on prisión preventiva or pretrial detention. Judges can impose this detention based on judicial reasoning, a practice that is automatic for certain offenses. Mexico has one of the highest rates of pretrial detention in Latin America, with about 40% of prisoners awaiting trial without conviction. This can result in individuals spending months or even years in custody before their cases are resolved, often exceeding the maximum sentence for the alleged crime.
In the United States, suspects can be held if there is evidence of being violent or a flight risk; however, Mexico’s system automatically detains individuals charged with specific offenses without evaluating the circumstances of their cases. This leads to a significant number of innocent people spending extended periods in prison, with many only released after their innocence is established.
Among incarcerated women, approximately 49%-53% are held in pretrial detention, compared to 40%-49% of men. This disparity means women are more likely to find themselves imprisoned without a conviction, often enduring longer durations than their male counterparts. Moreover, the legal framework lacks a gender perspective, resulting in women receiving harsher sentences.
Life behind bars and the road to rehabilitation
A shocking statistic reveals that approximately 10% of women in prison have been pregnant during their incarceration, often due to conjugal visits. Most children born in prison remain with their mothers until the age of three, living in small, designated areas that impose strict limitations on their living conditions. These children are subjected to the same constraints as their mothers, from clothing allowances to dietary restrictions, without access to formal education or developmental stimulation. The negative implications for their growth are profound.
One study highlights that the initial years of a child’s life are crucial for development, with adverse experiences during this period leading to long-term health issues. María recalls a poignant moment when a child could only identify two colors: blue and beige, shaped by the monotonous hues of prison life.
Despite the grim realities, María expressed a sense of hope. Rather than succumbing to despair, she witnessed remarkable acts of kindness and solidarity among the incarcerated women. During a workshop, when a transgender man introduced himself as Rosa, the women encouraged him to embrace his identity, illustrating the supportive atmosphere that starkly contrasts with men’s prisons, where transgender individuals are often segregated for their safety.
María also highlighted the women’s commitment to nonviolence, forming pacts to avoid conflict, and their eagerness to learn. La Cana not only conducts workshops within prisons, providing women with valuable skills such as knitting and sewing but also ensures support upon release, helping them find housing and employment. Impressively, 97% of women who engage with La Cana’s programs do not return to prison.
While the Mexican justice system reveals significant gender disparities, organizations like La Cana demonstrate that meaningful change is achievable. These narratives serve as a reminder that compassion can thrive even in the most challenging environments.
For those interested in supporting these initiatives, handmade products created by incarcerated women can be purchased on La Cana’s website, along with other ways to contribute to their cause.
