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‘Legally, just saying no is not enough’

As the International Day for the Elimination of Violence against Women approaches, the last installment of The Local's Sex in Germany series looks at crime. Why does country's definition of rape divide opinion?

'Legally, just saying no is not enough'
8,000 cases of rape and sexual assault are reported in Germany each year. Photo: DPA

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The number of reported rapes and incidents of sexual assaults has stayed pretty consistent in Germany for 15 years, with around 8,000 reported each year from 1998 to 2012, according to Interior Ministry figures. In 2012, there were 8,031 reported, an increase of 6.5 percent on the year before.

But, as Katja Grieger from the government-funded Women Against Violence group (BFF) explained, German law defines rape only if the suspect uses physical violence or threatens their victim. “This means that repeated saying no during sex, or even screaming,” is not enough, a report from the organization states.

“This has to change,” Grieger told The Local, adding that she believed it would. While there was initial talk in parliament, no changes have been made despite campaigners pushing for reform to section 177 of the German Criminal Code to make the criteria for rape broader – echoing that of neighbouring European countries.

“Hopefully it will come up under the new coalition government,” she said.

The last in-depth, government-commissioned study into sex crime in Germany was done in 2004 and there have only basic government statistics released since then.

A ruling in a court in Essen, North Rhine-Westphalia in 2012 left campaigners in shock after a suspect was let off charges that he raped a 15-year-old girl because she “did not defend herself enough,” a statement from the court said. There was no physical proof it was not consensual sex.

But the fact that rape statistics have failed to decline over the past decade is not necessarily a bad thing in Grieger's eyes. “It shows that women are not becoming more scared to report rape,” she said.

She feels that as long as current legislature remains in place, the majority of rape victims will stay quiet. “Studies show just five percent of rapes are reported, so this figure should really be much higher,” she said.

‘The suspects have it easier than the victim’

As it stands in the German legal system, taking a rape case to court is a very lengthy process. “The suspects have it easier,” said Grieger. “We see a lot of mistrust from the authorities towards women who report assault.”

Indeed until 1997, rape inside a marriage was not legally considered rape in Germany.

The BFF are the main association which receives government funding to help female victims of violence and women who have experienced sexual assault – who in 2012 made up 95 percent of all reported cases. But it has three permanent staff for the whole of the country.

For others, opening up the legal classification of rape would be very difficult.

Veit Schiemann, a spokesman at the Weisser Ring group, an independent organization to help victims of crime, said: “How does a woman prove she said no? And how would a man prove that she said yes?”

He argued that broadening the definition of rape would make it harder to convict alleged attackers. “If there is violence used then it leaves a wound, like bruises,” said Schiemann, thus providing concrete evidence of the crime.

Changing the law would, he said, see the number of reported rapes go up but not the number of convicted rapists.

Rather than campaigning for legal reform, Weisser Ring try to stop sexual assault before it happens.

For the International Day for the Elimination of Violence against Women on Monday, the group is teaming up with the German Olympic Sports Confederation to promote self-defence. “Women should learn it,” said Schiemann.

Despite their differing views on the legislation, both Schiemann and Grieger agreed that talking about rape was a taboo in Germany.

“Sexual abuse has become more spoken about over recent years and we need the same attitude towards rape,” Schiemann said.

A starting point could be, said both Schiemann and Grieger, better training for police. “At this point not enough police are trained to deal with traumatized rape victims,” said Grieger. Government money is going into this, she said, but it is “just not enough.”

READ MORE: 'People talk about, not to prostitutes'

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CRIME

Nine face trial in Germany for alleged far-right coup plot

The first members of a far-right group that allegedly plotted to attack the German parliament and overthrow the government will go on trial in Stuttgart on Monday.

Nine face trial in Germany for alleged far-right coup plot

Nine suspected participants in the coup plot will take the stand in the first set of proceedings to open in the sprawling court case, split among three courts in three cities.

The suspects are accused of having participated in the “military arm” of the organisation led by the minor aristocrat and businessman Prince Heinrich XIII Reuss.

The alleged plot is the most high-profile recent case of far-right violence, which officials say has grown to become the biggest extremist threat in Germany.

The organisation led by Reuss was an eclectic mix of characters and included, among others, a former special forces soldier, a former far-right MP, an astrologer, and a well-known chef.

Reuss, along with other suspected senior members of the group, will face trial in the second of the three cases, in Frankfurt in late May.

The group aimed to install him as head of state after its planned takeover.

Heinrich XIII arrested at his home following a raid in 2022.

Heinrich XIII arrested at his home following a raid in 2022. Photo: picture alliance/dpa | Boris Roessler

The alleged plotters espoused a mix of “conspiracy myths” drawn from the global QAnon movement and the German Reichsbûrger (Citizens of the Reich) scene, according to prosecutors.

The Reichsbürger movement includes right-wing extremists and gun enthusiasts who reject the legitimacy of the modern German republic.

Its followers generally believe in the continued existence of the pre-World War I German Reich, or empire, under a monarchy, and several groups have declared their own states.

Such Reichsbürger groups were driven by “hatred of our democracy”, Interior Minister Nancy Faeser said in Berlin on Sunday.

“We will continue our tough approach until we have fully exposed and dismantled militant ‘Reichsbürger’ structures,” she added.

READ ALSO: Who was involved in the alleged plot to overthrow German democracy?

‘Treasonous undertaking’

According to investigators, Reuss’s group shared a belief that Germany was run by members of a “deep state” and that the country could be liberated with the help of a secret international alliance.

The nine men to stand trial in Stuttgart are accused by prosecutors of preparing a “treasonous undertaking” as part of the Reichsbürger plot.

As part of the group, they are alleged to have aimed to “forcibly eliminate the existing state order” and replace it with their own institutions.

The members of the military arm were tasked with establishing, supplying and recruiting new members for “territorial defence companies”, according to prosecutors.

Among the accused are a special forces soldier, identified only as Andreas M. in line with privacy laws, who is said to have used his access to scout out army barracks.

Others were allegedly responsible for the group’s IT systems or were tasked with liaising with the fictitious underground “alliance”, which they thought would rally to the plotters’ aid when the coup was launched.

The nine include Alexander Q., who is accused by federal prosecutors of acting as the group’s propagandist, spreading conspiracy theories via the Telegram messaging app.

Two of the defendants, Markus L. and Ralf S., are accused of weapons offences in addition to the charge of treason.

Markus L. is also accused of attempted murder for allegedly turning an assault rifle on police and injuring two officers during a raid at his address in March 2023.

Police swooped in to arrest most of the group in raids across Germany in December 2022 and the charges were brought at the end of last year.

Three-part trial 

Proceedings in Stuttgart are set to continue until early 2025.

In all, 26 people are accused in the huge case against the extremist network, with trials also set to open in Munich and Frankfurt.

Reuss will stand trial in Frankfurt from May 21st, alongside another ringleader, an ex-army officer identified as Ruediger v.P., and a former MP for the far-right Alternative for Germany (AfD) party, Birgit Malsack-Winkemann.

The Reichsbürger group had allegedly organised a “council” to take charge after their planned putsch, with officials warning preparations were at an advanced stage.

The alleged plotters had resources amounting to 500,000 euros ($536,000) and a “massive arsenal of weapons”, according to federal prosecutors.

Long dismissed as malcontents and oddballs, believers in Reichsbuerger-type conspiracies have become increasingly radicalised in recent years and are seen as a growing security threat.

Earlier this month, police charged a new suspect in relation to another coup plot.

The plotters, frustrated with pandemic-era restrictions, planned to kidnap the German health minister, according to investigators.

Five other suspected co-conspirators in that plot went on trial in Koblenz last May.

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