criminal-law germany civil-legal-system rape sexual-offences
Countries with similar sexual offences Laws to Germany?
<p>I will start by saying that my research into German law is incredibly limited, and I am just following news articles on the topic. I of course apologise if I have fallen for fake news!</p>
<p>My understanding is that prior to 2016, Germany had some outdated rape laws. This meant that no did not mean no, and the victim would have to demonstrate injuries from self defence. I also think that a victim being too drunk to consent was not enough for the police to bring a rape prosecution against someone. Is this correct in terms of date and facts? When did Germany officially implement this law, as I think that just because a law is changed does not mean it is implemented immediately?</p>
<p>A good example to clarify my above question is that in Spain the age of consent was changed from thirteen to sixteen, however it took another few years to be implemented.</p>
<p>Last but not least, I was curious as to whether any other countries still have similar laws to Germany regarding the points I covered earlier, namely: no not meaning no, and being too drunk to consent not being a crime?</p>

<blockquote>
<p>[…] that prior to 2016, Germany had some outdated […] laws. […]</p>
</blockquote>
<p>The changes of November 9, 2016, <a href="http://www.bgbl.de/xaver/bgbl/start.xav?startbk=Bundesanzeiger_BGBl&amp;jumpTo=bgbl116s2460.pdf" rel="noreferrer">BGBl. I 2460 ff</a>, were brought forward under the impression of the <a href="https://en.wikipedia.org/wiki/2015%E2%80%9316_New_Year%27s_Eve_sexual_assaults_in_Germany" rel="noreferrer">2015 NYE spike in reported sexual assaults</a>.
Particularly incidents around the Cologne train station/cathedral area were widely received.</p>
<blockquote>
<p>[…] outdated rape laws.</p>
</blockquote>
<p>No, there was <em>no change</em> in the subsection concerning rape.
Only editorial changes were made, now following the “new orthography”, less pompous wording/update to today’s parlance, and change in numbering.</p>
<blockquote>
<p>This meant that no did not mean no, […]</p>
</blockquote>
<p>If I ask you to “touch me down here” and you say “No” and I take your hand regardless and, without (physical) resistance from your side, place it at the respective location, then it’s sexual assault now, because you said “No”.
Previously, it would have required <em>force</em>, e. g. <em>grabbing</em> your hand, to constitute a criminal offense.</p>
<blockquote>
<p>[…] the victim would have to demonstrate injuries from self defence. […]</p>
</blockquote>
<p>Legally – what the law says – it is not necessary.
You will not find a single reference in the law “the victim must demonstrate injuries”.
However, <em>successful</em> persecution will be difficult in a he-said-she-said situation.
If the court cannot be convinced, it will decide <em>in dubio pro reo</em> (i. e. acquit the accused).</p>
<p>This is a <em>general issue</em> of criminal prosecution, though, but people get particularly agitated if it is concerning sexual self-determination.
It is notable that a change in law does not bring improvements in that regard.</p>
<blockquote>
<p>[…] a victim being too drunk to consent was not enough […]</p>
</blockquote>
<p>Previously, there was “in a defenseless situation”.
<em>Courts</em> (not the police) interpreted this mostly restrictive.
Being drunk does not automatically mean being defenseless (and arguably some people even like drunken sex/having sex while on drugs).</p>
<p>Now there is an additional alternative “taking advantage of a person’s physical or psychological condition causing a <em>significant impairment</em> in forming or expressing his will, <em>unless</em> he gives his express consent”.</p>
<p>This is a shift toward a subjective assessment of criminality.
A sexually very experienced person is well-versed in his capability of giving consent to sexual interactions, whereas a sexually-inexperienced person exhibits “significant impairment” at an earlier level.
It is yet to see how courts deal with that.</p>
<blockquote>
<p>[…] When did Germany officially implement this law, […]</p>
</blockquote>
<p>The changes took effect the next day, on November 10, 2016.
Technically, there’s no “implementation period”.
However, on November 10, 2016, <em>no lawyer</em> could have <em>definitely</em> answered, for instance, the question “What is a legal definition of ‘against apparent wish’?”</p>
