Rape, German style
7/7/16 09:29![[identity profile]](https://www.dreamwidth.org/img/silk/identity/openid.png){kind=small}
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talkpoliticsThe lower chamber of the German parliament is expected to vote on a new bill that would expand the legal definition of what constitutes rape, to make it include cases of just saying "No", like it is in most of the rest of the developed world.
It has become patently obvious in recent months that this is urgently necessary, because the wave of rapes that had been swept under the rug for a while, has surfaced in its full horrific picture now in Germany. The conlusion sticks out that there must be some deeper problem there that must have a lot to do with the very definition of rape in Germany.
Many believe Germany has lagged way behind other developed countries in this respect. Still, simply re-defining the definition might not even remotely begin to solve the problem, because the authorities were obviously involved in a systematic cover-up of those cases, for the sake of not offending the currently dominant Multi-culti agenda. But that may change soon.
What's actually the problem, you may ask? Well, according to the current German legislation (namely Article 177 of their Criminal Code), the victim must have tried to defend themselves in order to define an assault as rape. Apparently, simply saying "No" is not enough to find the perpetrator guilty.
The inadequacy of the current law means that many rape perpetrators remain unpunished. Even though the act has clearly been done against the victim's will, and despite the victim's verbal pleas to stop. Many courts ignore these details simply because the law says they're insufficient. It's just that the law focuses too much on the question if the victim was physically resisting or not, while ignoring a whole array of real-life scenarios where rape can happen without that.
Some German media have demonstrated that only a fraction of all rapes are reported to the police, and of those only a fraction actually lead to effective sentences against the perpetrator. The latest events in Germany may have have brought this flaw to the fore, what with the Cologne attacks at New Year's Eve, but the problem spreads much deeper and wider. For instance, rape within the marriage only became a crime in 1997, and still continues to be under-reported to this day.
The New Year attacks shocked a lot of Germans and made them realize with horror that even when a crime can be proven without any doubt, their law is so inadequate, there's no way to prosecute the perpetrator - and this, based on a technicality. Now the German society has come to the realization that this must be changed, and soon. And they've started a wide-spread campaign for reforming the law, called #NeinHeisstNein. We'll see how that goes.
It has become patently obvious in recent months that this is urgently necessary, because the wave of rapes that had been swept under the rug for a while, has surfaced in its full horrific picture now in Germany. The conlusion sticks out that there must be some deeper problem there that must have a lot to do with the very definition of rape in Germany.
Many believe Germany has lagged way behind other developed countries in this respect. Still, simply re-defining the definition might not even remotely begin to solve the problem, because the authorities were obviously involved in a systematic cover-up of those cases, for the sake of not offending the currently dominant Multi-culti agenda. But that may change soon.
What's actually the problem, you may ask? Well, according to the current German legislation (namely Article 177 of their Criminal Code), the victim must have tried to defend themselves in order to define an assault as rape. Apparently, simply saying "No" is not enough to find the perpetrator guilty.
The inadequacy of the current law means that many rape perpetrators remain unpunished. Even though the act has clearly been done against the victim's will, and despite the victim's verbal pleas to stop. Many courts ignore these details simply because the law says they're insufficient. It's just that the law focuses too much on the question if the victim was physically resisting or not, while ignoring a whole array of real-life scenarios where rape can happen without that.
Some German media have demonstrated that only a fraction of all rapes are reported to the police, and of those only a fraction actually lead to effective sentences against the perpetrator. The latest events in Germany may have have brought this flaw to the fore, what with the Cologne attacks at New Year's Eve, but the problem spreads much deeper and wider. For instance, rape within the marriage only became a crime in 1997, and still continues to be under-reported to this day.
The New Year attacks shocked a lot of Germans and made them realize with horror that even when a crime can be proven without any doubt, their law is so inadequate, there's no way to prosecute the perpetrator - and this, based on a technicality. Now the German society has come to the realization that this must be changed, and soon. And they've started a wide-spread campaign for reforming the law, called #NeinHeisstNein. We'll see how that goes.
(no subject)
Date: 7/7/16 06:31 (UTC)(no subject)
Date: 7/7/16 18:47 (UTC)My guess is that general outrage will force through legislative amendments pretty damn quickly. And if the same problem exists in Sweden I'd bet they get it sorted pronto too. And just in this I would prefer to be right rather than otherwise.
(no subject)
Date: 7/7/16 21:08 (UTC)(no subject)
Date: 7/7/16 21:54 (UTC)But on a more realistic note I wouldn't have thought that the German constitution would need amending to change the law in this case. Germany is a signatory to the ECR and the Council of Europe. It's present rape laws may be in contravention of a general set of principles held by either or both of those bodies, in which case the sooner it is either tested or amended for the modern world the better.
(no subject)
Date: 8/7/16 09:13 (UTC)https://www.theguardian.com/world/2016/jul/07/german-mps-back-stricter-rape-laws-after-cologne-attacks (https://www.theguardian.com/world/2016/jul/07/german-mps-back-stricter-rape-laws-after-cologne-attacks)
(no subject)
Date: 8/7/16 10:35 (UTC)(no subject)
Date: 8/7/16 13:51 (UTC)All legislatures fall behind on keeping laws consistent with modern interpretations of right and proper. And if they have to repeal or pass new law they have to timetable it. And everyone individual's favourite cause célèbre is obviously more important than repealing or amending an outdated law when it comes to timetabling...until something happens and the tools for dealing with the situation are not in place. And then there's an emergency panic reaction leading to draconian knee-jerk policies which have to be amended themselves over the years because of their undue harshness and palpable injustice. Though just sometimes the legislators restrain themselves and take a good hard look at the problem and then deliver a law update dealing with the problem which has fewer bugs.
Of course I simplify and exaggerate for effect: most executives have an overworked Standing Committee which deals with archaic and outmoded legislation. They never have enough time to schedule all the changes they need to make. Ergo this situation, and many others like it.
(It is cynical and sardonic to call this standard practice... but there you go, I specialise in the cynical and sardonic, amongst other things. Ambrose Bierce still has a place in my heart.)