“The silence intimating the living, one and the other sealing dark lip with pointing finger”, First Dream, Sor Juana Inés de la Cruz.
Translated by Jesús Ronquillo / Circuito Frontera
The stories of sexual abuse committed by priests against women, children and adolescents emerge timidly as murmurs in the shadows, until they become a cry in the search for justice that no one hears.
In the midst of this difficult path, where faith should be the refuge, the Church becomes a shield to hide and silence the abuse of those who wear the cassock, where its representatives have not only failed the victims but also the State.
This is the case of Jorge Ordoñez Burgos, a father who has spent more than three years navigating bureaucratic procedures and legal processes to find justice for his daughter, whom we will only call Sofia, in order to protect her identity.
According to the complaint, her daughter was allegedly sexually abused by a priest in this locality: Father Istibal V. O. Istibal V. O., in events that allegedly occurred on September 9, 2020, when the 10-year-old girl attended a birthday party accompanied by her mother.
During the meeting, the religious allegedly made inappropriate touching to the minor: he sat her on her legs and rubbed his hands on them, besides putting his hands under her blouse and touching her abdomen.
After feeling uncomfortable, the girl wanted to leave, but the subject pulled her by the waist to prevent her from doing so. Although Sofia told her mother about the incident, she did not give it any importance.
However, after some time, Sofia’s father found out about the situation, so he went to file a complaint with the Specialized Prosecutor’s Office for Women, which was recorded in the file Unique Case Number NUC-37-2020-0031066.
But the complaint did not stop there; he also went to the Diocese of Ciudad Juárez itself, the Mexican Episcopal Conference (CEM), in addition to seeking the advice of the State and National Human Rights Commission and, finally, to the Inter-American Commission on Human Rights.
The first report was made to the State Attorney General’s Office at 2:30 in the afternoon, on September 30, 2020, before an agent of the Public Prosecutor’s Office, where Sofia went accompanied by her father.
Dismissal
In relation to this incident, the Specialized Women’s Prosecutor’s Office (FEM) informed Circuito Frontera that in 2021, the complaint was prosecuted. However, a court decided not to prosecute the accused for atypical circumstances, which led to an appeal by the victim.
According to the state agency, the crime denounced did not comply with the established typifications for sexual abuse.
Subsequently, state authorities opened an investigation under criminal case 2959/2022 against Istibal Valenzuela Olivas for the alleged commission of aggravated sexual abuse against a minor.
Several hearings were held… However, the efforts of Sofia’s father have been in vain, because for more than 3 years his daughter still does not receive justice.
On June 17, 2022, the judge of First Instance Brisa Yadira Merz Mendoza issued an order of non-indictment in favor of the priest, since she considered that there were no elements to establish the commission of the crime.
Then, the priest’s defense requested that the case be dismissed, that is, a judicial resolution where a criminal proceeding is terminated without a trial or a substantive sentence on the guilt or innocence of the accused.
This, despite the facts narrated by the victim herself and psychological tests where it was determined that Sofia did indeed suffer abuse.
Due to this fact, the girl’s father denounces that there were a series of irregularities and omissions in the process, and assures that the priest received favorable treatment, while the State left the victim without protection.
It should be noted that there is currently an injunction filed against the last legal decision to dismiss Sofia’s case, so they are still waiting for a response.
It is also important to point out that Article 176 of the Criminal Code of the State of Chihuahua establishes penalties of 6 months to 2 years of imprisonment, a fine of 30 to 90 days of salary, and possible dismissal from employment, for those who perform lewd acts or acts of sexual connotation without consent, taking advantage of their labor, teaching, religious, domestic or any other position that implies subordination.
If the accused is a public servant, teacher or minister of worship, the penalty shall be 10 months to 3 years of imprisonment, with a fine of 150 to 300 days of minimum wage and shall be dismissed and disqualified for up to 5 years to exercise the related position.
Regarding this case (and others) Circuito Frontera requested an interview with Wendy Chavez Villanueva, Special Prosecutor for Women in the State of Chihuahua, however, after two weeks without receiving a response, she announced through the staff of Social Communication that “she was very busy”.
Harpocrates: the silent night
The fact that Sofia’s case has been “paralyzed” through legal channels, was not an impediment for Jorge Ordoñez to continue with the search for justice for his daughter, as he went to the State and National Human Rights Commission, where he was only given “excuses”.
However, it was not until he reached the Inter-American Commission on Human Rights (IACHR), where the father of the family found a little hope, as his complaint was accepted and is currently under investigation.
Religiously, the man sends documents that help the investigation of the case to this organism, in addition to copies of the denunciations made, which every day adds more people for cover-up.
He commented that until a few days ago, the Mexican State had the obligation to respond regarding Sofia’s case and the violations to her human rights due to the lack of attention of the corresponding penal instances, among other organisms, but they have not responded to the request so far.
A path without significant advances is an odyssey in which Jorge Ordoñez has been involved for several years, but which is not limited to the criminal route, as he also sought to approach different religious instances.
He first approached the Diocese of Ciudad Juárez, seeking to speak with the bishop, who did not receive him for several months.
The complainant reported that Julian Badillo, a priest and expert in Canon Law of the Diocese of Ciudad Juarez, met with him and apologized, informing him that the accused, Istival Valenzuela, would be provisionally suspended from his parish.
However, after 15 days, Istibal Valenzuela Olivas continued in his post: “Fifteen days go by and the guy is still in his parish as if nothing had happened”, stated Ordóñez.
The father of the family indicated that, faced with the inaction of the Diocese, he decided to escalate the matter to higher instances, such as the Mexican Episcopal Conference.
Despite his efforts, he encountered more obstacles. “The ecclesiastical tribunal calls me to take my statement and they do not want to give me copies of anything,” he said, noting that they even denied him access to his own written statement.
He also emphasized that the process lacked transparency, as he was not provided with the judgment of acquittal of the accused.
“I can’t show it to you (the priest told him) What do you mean you can’t show it to me?” he questioned, underlining the lack of clarity in the handling of the case.
Ordóñez has documented multiple irregularities and affirmed that “this has a criminal dimension” and that it is not only an ecclesiastical issue.
He also revealed that there are other victims who also wish to denounce, although they are afraid to do so.
The situation exposed by Ordóñez highlights the need for the Church to take adequate precautionary measures and address allegations of abuse in a serious manner.
I know of cases of other victims of Valenzuela, but they are women who are afraid,” she added.
Regarding this case, Circuito Frontera spoke with priest Gustavo Balderas, in charge of the Commission of Pederasty of the Diocese of Ciudad Juarez, however, he said he could not give a statement on the
We also sought the bishop of the Diocese of Ciudad Juarez, Jose Guadalupe Campos Torres, who said that he was aware of this case, but that it had already been resolved.
The priest limited himself to commenting that “It has already been resolved” and that the priest allegedly accused of sexual abuse “had declared his innocence”.
He added that the Diocese has a commission where people can file a complaint or through him directly, to follow up on cases.
These are not isolated cases
For this report, information was requested from the State Attorney General’s Office (FGE) and the Specialized Prosecutor’s Office for Attention to Women Victims of Gender-Related Crimes (FEM) on the number of complaints filed against priests for any type of sexual abuse, however, it was reported that they were only aware of the case of the priest Aristeo Baca.
It would seem that the number of registered cases of this type are few, however, it should be noted that, according to data from the Sauvé Commission, between 500 and a little less than 1,500 people (some of them may have already died) have been affected by alleged abuse committed by priests, in a period from 1966 to date, according to Rodolfo Soriano-Núñez, a researcher who documents cases of sexual abuse committed by priests.
He also stated that in Ciudad Juárez, Chihuahua alone, it is estimated that there are at least 22 predator clergymen.
Likewise, the organizations Spes Viva and Bishop Accountability released a list of 15 bishops accused of covering up sexual abuse in México, including two bishops and a cardinal who were once part of the clergy of Ciudad Juárez.
“We have been supporting the denunciation of former priests who have lived through this sexual violence and have been encouraged to speak out. Cases such as that of Father Massiel have been iconic, since they revealed the existence of multiple affectations of girls, boys and adolescents”, he commented.
As what is exposed after these courageous denunciations is that these are not only isolated acts, but that there is a whole structure around that allows it and, sometimes, encourages it.
“The system has mechanisms to silence these voices, to minimize the denunciations and give them other interpretations, which deters victims from accessing what is their right to justice,” warned.
Same modus operandi
However, as has happened on other occasions when a priest is accused of sexual abuse, Valenzuela was transferred to another parish in the city.
According to the August 31, 2023 edition of the Presencia newspaper, Bishop Jose Guadalupe Torres Campos appointed Istibal Valenzuela Olivas as vicar of Dios Padre Parish.
A similar situation also occurred with the priest Leopoldo Nevárez Erives, better known as Father Polo, who was accused of committing sexual abuse against a woman with multiple sclerosis.
On that occasion, the bishop admitted that the Diocese was aware of the case because he met with the victim and took the complaint.
However, since there was no precedent and he did not know the process for applying the canon, he preferred to wait until Papa Francisco visit to the border was over to address the situation.
Likewise, on December 15, 2016, Magistrate César Ramírez revoked the indictment issued against parish priest Leopoldo Nevárez Erives and lifted the only precautionary measure that had been imposed against him.
Based on canon law, the crime of sexual abuse can be punishable by expulsion from the clerical state, according to article 1395
But, in applying this sanction, the church would be obliged to provide sustenance to the sentenced person if he is in a state of indigence because of this punishment, according to article 1350.
Aristeo Baca Case
On May 18, it was announced that the lawyers of the priest Aristeo Baca, who had received a 34-year prison sentence after being convicted of sexual abuse and aggravated rape of a minor, filed an injunction to annul the sentence.
The resolution of a Collegiate Court that annulled the conviction and ordered a review of the case has caused indignation among civil society organizations, activists and commissions dedicated to the attention of victims.
In this regard, Elia Orrantia, director of the organization “Sin Violencia A.C.”, explained that not even the Executive Commission for Attention to Victims, headed by Norma Ledezma, was aware of the court decision until it was notified through the media.
We are outraged by this resolution. We knew that the defense attorneys would seek this path, but it is still an unfair situation for the victim,” said Orrantia.
She said that both civil organizations and the Executive Commission itself disagree with the resolution which, in the words of the director, “forces the victim to relive the entire process”.
To face this situation “Sin Violencia A.C.” integrated a team of seven lawyers specialized in criminal law who will work on the legal strategy to continue defending the rights of the affected minor.
We know that the evidence presented was overwhelming. The priest was found guilty and the sentence was final. There is no reason for it to be revoked. It is outrageous that a victim who has already been through so much has to face this process again,” Orrantia stressed.
He considered that this type of situation is especially complicated when the aggressor has links with political and ecclesiastical figures.
Orrantia mentioned that the case of Aristeo Baca not only pits the victim against an aggressor, but against a man with political, economic and social power.
We know that there are political figures that support him and an ecclesiastical institution with great power behind him. This makes the situation much more difficult for the victim and makes the process longer and more exhausting,” he added.
More victims, but few complaints
During the judicial process, the organization received testimonies from other victims of Aristeo Baca.
The director of “Sin Violencia A.C.” explained that two sisters went to the Prosecutor’s Office to report similar abuses, but their cases did not move forward because, according to what they were told, there was not enough evidence to put the priest on trial.
In addition, through social networks, a woman who now lives in El Paso, Texas, also contacted the organization to say that she had been abused by the priest 20 years ago.
However, fear of social reprisals, the influence of the Church and the possibility of being publicly judged have prevented these women and other potential victims from coming forward.
“We know there are more victims, but who is going to be encouraged to denounce when they see that the aggressor is still protected by the Church and has so much power. Victims fear being judged by society and confronting ecclesiastical power. This is a constant re-victimization,” Orrantia lamented.
The case of Aristeo Baca has been complicated from the beginning, because when it was known that he was the aggressor, the organizations knew that they were not only facing a man accused of rape, but someone with great political and economic influence.
Orrantia pointed out that the priest has the backing of political figures and an ecclesiastical structure that has hindered the justice process.
“Since we started, we knew that this case was not going to be easy. Aristeo Baca is not just anyone, he is someone with power, with links in politics and in the Church. This makes the judicial process more complex and the victims face an unequal fight,” he explained.
During the first phase of the trial, Baca was convicted of two counts of aggravated sexual assault and one count of aggravated sexual abuse against a minor.
In March 2021, he was sentenced to 34 years, 5 months and 10 days in prison. However, due to his age (80 years old), he was serving his sentence under house arrest.
So far, the organization continues to work for justice for the victim.
Presea withdrawn from former priest
With 10 votes in favor, one against and 10 abstentions, the City Council of Ciudad Juarez decided to remove the Fray Garcia de San Francisco award to the priest Aristeo Baca, through a point of agreement discussed in the City Council, on September 14, 2022.
This is the first time in history that City Council members voted to remove this award from one of the Juarez citizens who have received this award.
The above, after Aristeo Trinidad Baca Baca was sentenced on March 2, 2021 to 34 years five months and 10 days in prison for sexual abuse against a minor, which was ratified in May in 2022.
The then councilwoman of the Women’s Commission of the Municipality, during the 2021-2024 administration, Martha Patricia Mendoza, stated that during her administration she presented a point of agreement in 2021 to act in favor of the victim.
Mendoza indicated that he presented the point of agreement in September 2021, for which reason it was finally agreed before the members of the Cabildo to withdraw the award to the former priest.
However, he stressed the importance of confronting cases of abuse and that in this specific case, the public reactions contributed to put pressure on the authorities to act.
He considered that when society mobilizes to demand justice, it has the power to generate significant changes.
The traps of faith
It is also necessary to provide comprehensive accompaniment for victims of child sexual abuse, especially when the accused are priests, said Yadira Cortés, member of the Red Mesa de Mujeres de Ciudad Juárez (Women’s Roundtable Network of Ciudad Juárez).
The activist stressed that these cases require an extremely careful approach, due to the profound physical, emotional and spiritual effects suffered by the minors.
Cortés emphasized that the impact on the victims is even more serious when the abuser is a priest, since this figure represents values such as love, kindness and truth, which significantly complicates the emotional and spiritual recovery of the child.
He commented that the organization has accompanied and documented several cases, so he recommends that families seek the support of the Specialized Commission for Attention to Victims of the State and specialized organizations such as Casa Amiga and Sin Violencia.
This, he said, not only to ensure that the case is properly handled by the Prosecutor’s Office, but also to strengthen the legal arguments and ensure more effective access to justice.
Likewise, the director of Casa Amiga “Esther Chávez Cano”, Lydia Cordero, expressed her concern about the response of the authorities in the cases of sexual abuse of children and adolescents perpetrated by priests.
She said: “it is very important that the Prosecutor’s Office, which is in charge of the case, assumes all the obligations of the investigation process and to provide the necessary elements to the judicial body”.
Cordero emphasized the importance of having the support of the institutions in charge of law enforcement and child protection.
The Prosecutor’s Office has in its hands the obligation to reach the appropriate instances to guarantee the protection of children and to gather all the necessary elements, such as the Attorney General’s Office and the Executive Commission for Attention to Victims,” he explained.
In addition, he highlighted the need to create a solid team that involves both the authorities and the legal representatives of the victims to ensure a comprehensive and effective legal process.
In relation to the case of Aristeo Baca, he considered that the priest was treated differently, especially with regard to precautionary measures.
“It is known from the beginning that there was a differentiated treatment at the time of the precautionary and protection measures, with house arrest (…) It is
essential that strong actions are taken to prevent and address these cases, in addition to providing the necessary support to the victims,” he concluded.
