German MPs pass 'no means no' rape law
Published 07/07/2016 | 11:11
German MPs have passed a bill that will make it easier for victims of sex crimes to file criminal complaints if they rejected their attacker's advances with a clear "no".
The move was partly spurred by a nationwide outcry over a string of sexual assaults that happened in the western city of Cologne on New Year's Eve.
Germany's minister for women, Manuela Schwesig, said: "In the past there were cases where women were raped but the perpetrators could not be punished.
"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."
The bill was passed easily thanks to the government's large parliamentary majority. Opposition parties welcomed the lowering of the threshold for prosecutions, but criticised two measures in the bill that could see people who are not directly involved in the assault punished and foreigners deported for sexual harassment.
German law previously required victims to show that they physically resisted attack before charges for rape and other sexual assaults could be brought.
Women's rights campaigners argued that Germany's failure to recognise the principle of "no means no" was one of the main reasons for low reporting and conviction rates for rape in the country.
According to figures cited by Heiko Maas, the country's justice minister, only one in 10 rapes in Germany is reported and just 8% of rape trials result in convictions.
Conservative MPs had previously resisted changing the law until a string of attacks in Cologne on New Year's Eve sparked a fresh debate about sexual violence in Germany.
Authorities said most of the attacks were carried out by asylum-seekers, leading some to question whether last year's influx of young men from predominantly Muslim countries could be properly integrated in Germany.
Others noted that Germany lagged behind most Western nations in its definition of rape and that sexual assaults were a feature of German society before large numbers of migrants arrived last year.
Under the new law, prosecutors and courts can take into account that a victim did not resist assault because they were incapacitated, surprised or feared greater violence if they objected.
Eva Hoegl, an MP with the centre-left Social Democrats, dismissed criticism that it is difficult to prove in court if someone said "no" when there are no independent witnesses. She said similar concerns were raised before marital rape was criminalised in 1997.
In the future, if a member of a group carries out a sexual assault, others in the group can also be prosecuted for failing to intervene. The measure was criticised as unworkable and possibly unconstitutional by legal experts.
The new law also allows authorities to more easily deport foreigners who are convicted of sexual assaults - a measure seen as a direct result of the Cologne attacks.
Prosecutors in Cologne received more than 1,100 criminal complaints following the New Year's Eve assaults, including about 500 allegations involving sexual crimes. The first trial for sexual assault - against two men from Algeria and Iraq - began in Cologne on Thursday.