Thursday, July 7, 2016

Germany rape law: 'No means No' law passed - even if victim did not fight back

Germany's parliament has passed a new law defining rape, clarifying that "No means No", even if a victim did not fight back.

Critics believe Germany has long lagged behind other developed nations when it comes to its rape laws.

The issue was again brought to the fore after a number of sex attacks on women in Cologne on New Year's Eve.The vote was passed by an overwhelming majority on Thursday in the Bundestag in the capital, Berlin. The new law classifies groping as a sex crime and makes it easier to prosecute assaults committed by large group. It also makes it easier to deport migrants who commit sex offences. [...]

"In the past there were cases where women were raped but the perpetrators couldn't be punished,'' Minister for Women Manuela Schwesig said.

"The change in the law will help increase the number of victims who choose to press charges, lower the number of criminal prosecutions that are shelved and ensure sexual assaults are properly punished."

What was under discussion?

Under the previous law, defined in Section 177 of the criminal code (in German), victims should have defended themselves for an act to constitute rape. Simply saying "No" was not sufficient to find the defendant guilty, and there was no attempt to define what constituted consent.

The inadequacy of the law meant many perpetrators got away with rape, according to a 2014 study of 107 cases by the German association of women's counselling centres and rape crisis centres (BFF).

The authors said that in every case, sexual assaults had been committed against the victim's unambiguous will, which had been communicated verbally to the perpetrator. However, they said, either charges were not filed or there was no court conviction.

The study went on to note that the law placed too much focus on whether the victim resisted and did not reflect real-life scenarios in which people were raped.

Only one in 10 rapes is reported in Germany currently, according to Germany's n-tv news website. And of those, the conviction rate is only 10%.[...]

Cologne sex attacks: MPs debate tougher laws

And, in a case that has sparked an outcry in Germany, two men were acquitted of drugging and raping German model Gina-Lisa Lohfink - despite having uploaded a video of what took place, in which she was reportedly heard saying, "Stop it, stop it" and "No".

Not only were the men cleared of wrongdoing, but Ms Lohfink was fined €24,000 (£21,000; $27,000) for falsely testifying.[...]

Campaigners say the new law is a good start, but does not go far enough.

They have expressed concern that the law will not give adequate protection to victims who cannot clearly convey their lack of consent - such as those who have been drugged.

There are also plans to tighten the law governing sexual harassment and group assaults. [...]


  1. I hope they wrote the law in Arabic.

  2. Previous post: charedi man arrested. This post: muslim go on unwanted groping spree (i recall numerous rape charges), but no mention of the muslims in the article (short of a reference to deportation; don't believe it).

    (I understand why, but DT shouldn't have to be a party to political correctness.)

  3. my concern is protection. It is important for the chareidi population to understand - as the father of the young man who was attacked stated - that focusing on having frum buses gives a false sense of security. The 418 is a bus line that I and my family use. That is why I identified the perpetrator as chareidi.

    Regarding the article cited in this post - it is well known to Europeans that the immigrants are a major factor in crime - so I simply copied it as it was published.

  4. it was a rhetorical comment.


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