Rape in Germany

Rape in Germany is defined by Section 177 of the Criminal Code of Germany. The definition of rape has changed over time but rapes have been reported in Germany throughout history and today marital rape is also illegal in the country.

History

Rapes occurred in Germany and every country invaded by German soldiers during World War II. A number of documentaries have been made on the subject.^[1][2] One stated that "many Germans declare that all German women in East Prussia who stayed behind were raped by Red Army soldiers". Several examples of gang rape were provided, adding that "girls under 18 and old women included".^[3]

Studies

In 1995, the rape rate stood at 7.57 per 100,000 people.^[4] In 2004, it was 10.7 per 100,000 people.^[5]

In 2009, about 7,314 rape cases were reported, a rate of 9 per 100,000 people. 96.1% of the victims were female.^[6] In 2011, there were about 7,539 reported cases of rape.^[7] 70% of the victims were aged 21 to 40.^[8]

According to a national report, the conviction rate of rape in Germany has declined: it was 20% in the 1980s, and by 2000 it was 13%.^[8]

In Germany, discussion of rape has long been a taboo with women's rights organizations and female politicians struggling for support on issues pertaining to sexual abuse and violence.^[9] Germany did not outlaw marital rape until 1997.^[10] Germany's legal definition of rape has been criticized for being too narrow, and there are political discussions of reforming the law, so that it complies with the Istanbul convention.^[11]

A study into sexual abuse sponsored by the European Commission and conducted by the Vienna-based Fundamental Rights Agency (FRA) showed Germany above the EU average with 35% having suffered physical and/or sexual violence. 8% of women have experienced sexual violence by partners and 7% have experienced sexual violence by non-partners.^[12] The survey revealed that one in three women have been victims of physical or sexual abuse in Europe.^[13] A survey conducted in Germany by the German Anti-Discrimination Agency shows that "more than half of all female employees have experienced or witnessed sexual harassment in the workplace. One in five women have been touched against their will by a colleague."^[14]

Law

Before 1997, the definition of rape was: "Whoever compels a woman to have extramarital intercourse with him, or with a third person, by force or the threat of present danger to life or limb, shall be punished by not less than two years’ imprisonment."^[15]

In 1997, a broader definition was adopted with the 13th criminal amendment, section 177–179, which deals with sexual abuse.^[4]

In 2016, Germany's parliament passed a new law saying that it is rape to have sex with a person who says "No" to the sex. Under the previous law, sex was not considered rape unless the victim fought back.^[16] The new law also classifies groping as a sex crime, makes it easier to deport migrants who commit sex offences, and makes it easier to prosecute assaults committed by a large group.^[16]

Rape is generally reported to the police, although it is also allowed to be reported to the prosecutor or District Court.^[8]

References