When the world gets closer.

We help you see farther.

Sign up to our expressly international daily newsletter.

Germany

Tough Question About Germany's "No Means No" Rape Reform

What is rape? The German Bundestag wants to put in place stricter rules. Critics now fear a wave of false reports and problems in court. But the victims' suffering should not be silenced, again.

Tough Question About Germany's "No Means No" Rape Reform
Constanze von Bullion

-Analysis-

BERLIN — "No means no," for some it might sound like a battle cry from the 1980s: grumpy, outdated and perhaps a little too naive. But reality tells us that it is very much a reality that still needs to be confronted, once and for all. Sex simply must be something that all parties involved want to happen. And if not, what is happening is nothing short of rape.

Germany's parliament, the Bundestag, has voted to inscribe the "no-means-no" principle in the nation's criminal code. And that is neither a simple nor trivial matter. Once such tightening of legislation is activated (the upper house Bundesrat must still approve it) not only those who force people into sex under threat of a knife, gun or other forms of violence will be considered rapists.

Even if the victim does not resist, but disagrees, perhaps starting to cry, or making it clear in any other way that she or he does not agree with what's happening, it would count as rape. Being surprised in one's sleep or choosing not to resist in order to not wake the children might lead to the filing of criminal charges.

A person's body, man or woman, belongs to him or her; and if someone wants that body, he or she needs to get the person's approval. If it's not given, or given first and then withdrawn, this might be annoying, but sexual self-determination comes first.

And that's just fine. The Minister of Justice on the other hand might still have some doubts. He fears a wave of false reports triggered by such a "no-means-no" principle. But those who know what's really going on in court, also know: The victims' suffering should be of much bigger concern. Shame and violation are added to the bitter déjà-vu feeling of total powerlessness. Proving rape is tough enough, most of the time there is neither evidence nor witnesses in the face of a standard of proof with a presumption of innocence.

[rebelmouse-image 27090350 alt="""" original_size="1024x683" expand=1]

"No means No" graffiti — Photo: Max Pfandl

There is also the section of the proposed legislation about groping. Women have too long been mocked for not accepting a pinch of their butt as a compliment. The night of New Year's Eve in Cologne has changed things. In the future sexual harassment shall be punished with a fine or a prison sentence of up to two years.

Group liability

Those who now fear the state might forbid touching when dancing, kissing and flirting can relax. "Hitting on" someone if all parties approve is by no means comprised in this legislation.

The reform's third element refers to criminal acts of sexual attacks perpetrated by "groups." Legislators want to include prosecution of anyone who "participates in the grouping together of people who sexually attack someone." Here is a clear reference to the attacks in Cologne, where women were surrounded, touched and robbed. According to the new law, any member of the group could now be punished for sexual harassment, even if he had "only" robbed someone.

There are constitutional doubts about this paragraph. "Someone who has not committed the crime, cannot and must not be punished for sexual offense," says legal expert Renate Künast. "It contradicts the principle of liability upon which our whole criminal law system is built."

The law, even in such highly charged cases, is the law.

You've reached your limit of free articles.

To read the full story, start your free trial today.

Get unlimited access. Cancel anytime.

Exclusive coverage from the world's top sources, in English for the first time.

Insights from the widest range of perspectives, languages and countries.

Geopolitics

How Iran's Supreme Leader Is Short-Circuiting Diplomacy To Forge Alliances In Arab World

Iran's Supreme leader Ali Khamenei recently sent out a special envoy to ease tensions with wealthy Arab neighbors. He's hoping to end the country's international isolation and dismal economic conditions that contributed to last year's mass protests.

Image of Iran's supreme leader Ayatollah Khamenei smiling, a portrait of himself behind him.

Ayatollah Khamenei on March 21st, 2023, delivering his annual speech in the Imam Reza's (pbuh) shrine, on the first day of 1402 Persian New Year.

Kayhan-London

-Analysis-

Needing to revive its diplomatic options and financial ties with the Middle East, Iran's embattled regime recently sent a senior security official and former defense minister — instead of members of the diplomatic corps — to talk business with regional powers that have been keeping Iran at arm's length.

After a surprise deal in mid-March to restore diplomatic ties with the Saudi monarchy, Ali Shamkhani, secretary of Iran's Supreme National Security Council, traveled to the United Arab Emirates, meeting with officials including the federation's head, Sheikh Muhammad bin Zaid Al Nahyan. His meetings are expected to ease the flow of regional money into Iran's economy, which is practically on pause after years of international sanctions. After Abu Dhabi, Shamkhani went to Baghdad.

Shamkhani was effectively acting as an envoy of Iran's Supreme Leader Ali Khamenei, and supplanting the country's diplomatic apparatus. This wasn't the first time an Iranian foreign minister has been sidelined in crucial international affairs.

Keep reading...Show less

You've reached your limit of free articles.

To read the full story, start your free trial today.

Get unlimited access. Cancel anytime.

Exclusive coverage from the world's top sources, in English for the first time.

Insights from the widest range of perspectives, languages and countries.

The latest