Por unanimidad de 87 votos, el pleno del Senado aprobó la llamada Ley Olimpia a nivel nacional, para castigar hasta con seis años de prisión a quienes violen la intimidad sexual de otra persona al divulgar, compartir, distribuir o publicar imágenes, videos o audios de contenido íntimo sexual sin su consentimiento, su aprobación o su autorización, y hasta nueve años si se trata de parejas, exparejas, familiares o amigos de las víctimas.
De igual forma, se crea el concepto de violencia mediática, que es “todo acto a través de cualquier medio de comunicación, que de manera directa o indirecta, promueva estereotipos sexistas, haga apología de la violencia contra las mujeres y las niñas, produzca o permita la producción y difusión de discursos de odio sexista, discriminación de género o desigualdad entre mujeres y hombres, que cause daño a las mujeres y niñas de tipo sicológico, sexual, físico, económico, patrimonial o feminicida”.
Aunque los panistas Xóchitl Gálvez y Damián Zepeda intentaron que la violencia mediática también pueda proteger a los niños y hombres, así como incluir el concepto con un tipo penal, igual a la violación de la intimidad sexual, la mayoría del Senado, integrada por Morena, lo rechazó.
Sin embargo, la priista Nuvia Mayorga aclaró que el tipo penal de violación a la intimidad sexual sí incluye a los niños y a los hombres porque el castigo de cárcel se refiere a la violación de la intimidad de una persona, no exclusivamente de una niñas o mujeres.
Celebrada en tribuna por todas las fuerzas políticas, las cuales hicieron un reconocimiento a Olimpia, la joven del estado de Puebla que luchó intensamente para lograr que se tipificara el delito, luego de ser víctima de él y padecer la impunidad en que quedó su agresor.
La reforma que crea el tipo penal establece que la violación a la intimidad sexual “se sancionará con una pena de tres a seis años de prisión y una multa de quinientos a mil Unidades de Medida y Actualización”.
Añade que “se impondrán las mismas sanciones previstas en el artículo anterior cuando las imágenes, videos o audios de contenido íntimo sexual que se divulguen, compartan, distribuyan o publiquen no correspondan con la persona que es señalada o identificada en los mismos”.
Establece como agravantes que se aumentará hasta la mitad de la pena de cárcel; es decir, hasta nueve años, “cuando el delito sea cometido por el cónyuge, concubinario o concubina, o por cualquier persona con la que la víctima tenga o haya tenido una relación sentimental, afectiva o de confianza.
Cuando el delito sea cometido por un servidor público en ejercicio de sus funciones; cuando se cometa contra una persona que no pueda comprender el significado del hecho o no tenga la capacidad para resistirlo; cuando se obtenga algún tipo de beneficio no lucrativo”, dispone.
La reforma fue devuelta a la Cámara de Diputados, que es donde nació, porque se le hicieron diversos cambios, precisamente para crear el tipo penal y para añadir el término de violencia mediática.
El coordinador de los senadores del Partido Verde, Manuel Velasco, reconoció y destacó la aprobación de la llamada Ley Olimpia, ya que consideró que contribuye a la erradicación de la violencia contra las mujeres.
En redes sociales, el legislador resaltó que desde la máxima tribuna legislativa las senadoras y los senadores del Partido Verde respaldaron y votaron a favor de la reforma para terminar con el hostigamiento y el acoso digital o mediático contra las mujeres en el país.
Por ello, celebró la aprobación por unanimidad a las reformas a la Ley General de Acceso de las Mujeres a una Vida Libre de Violencia y al Código Penal federal.
Por más espacios seguros para todas las mujeres, incluyendo internet y redes sociales”, escribió como parte de su mensaje Manuel Velasco, quien también expresó: “No más violencia digital y mediática contra las mujeres. Ley Olimpia”.
En la reforma, los legisladores integraron el término violencia mediática como todo acto que a través de cualquier medio de comunicación:
Promueva estereotipos sexistas.
Haga apología de la violencia contra mujeres y niñas.
Produzca o permita la producción y difusión de discursos de odio sexista.
Promueva la discriminación de género o desigualdad entre mujeres y hombres.
Cause daño a las mujeres y niñas de tipo sicológico, sexual, físico, económico, patrimonial o feminicida.
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