In January, minister of Justice Sam Tanson presented a new draft bill to modify the criminal code on sexual assault and rape. Minors shall be protected better, the concept of sexual assault shall be defined more precisely and consent is going to be redefined if the minster’s draft bill is passed through.
Too often, victims of sexual abuse decide not to file a report because they’d think it wouldn’t lead to anything. Too often, the limitation period is over when they decide to take that step. The minister’s proposal aims at strengthening the victims and particularly protecting minors, to make clear: These offences are taken seriously. Until now, a ten-year limitation period for sexual offences against minors is in place after the victim came out of age. With the draft law, this term shall be extended up to thirty years. In certain cases – of incest for instance, the limitation period shall be cancelled completely. Sam Tanson explains: “A young person who is subject to abuse often has a hard time to remember exactly what happened. They can be subject to posttraumatic stress and forget what happened. And particularly in the family circle it can be very difficult to overcome this and to speak out.” The gravity of this crime shall be more visible. Therefore, the new law shall name sexual offences against minors explicitly. So far, only deteriorating circumstances are added to the offence in the judgement.
A further step towards a better legal protection is a reconsideration of consent. “No means No”, says the law. But what if somebody is unconscious and unable to speak out a No, to fight against the aggressor? “We try to reformulate the definition of consent that someone gives or doesn’t give”, says the Minister. For now, rape and other sexual offences are only considered a crime if the victims expressed explicitly a No. The draft bill foresees to change this: Without the explicit approval, no sexual act is allowed. The legal framework in Sweden and Spain for instance have already been changed accordingly. Minors under 16 in general are not considered qualified to give consent, in the draft bill.
In this week’s Local Matters, we are going to deepen the discussion on the legal framework of sexual abuse and the consequences for the victims. On Wednesday, our guests are Diane Schaefers who handed in a petition demanding a revision of the respective criminal code and Kashayar Pazooki, psychotherapist treating victims. On Thursday, we welcome Dr. Mary Faltz who herself was abused for 16 years and found the courage to speak out.