The German Federal Judges’ Association (DRB) has expressed reservations regarding the government’s proposed measures to toughen penalties for the use of incapacitating substances like date-rape drugs, arguing that they fall short of what is truly needed to address the escalating problem of sexual and violent crimes. While the DRB supports the planned minimum five-year prison sentence for offenders utilizing sedatives to facilitate rape or robbery, they contend that legislative changes alone are insufficient to ensure victim safety and deter future offenses.
Speaking to the Redaktionsnetzwerk Deutschland, DRB Federal Managing Director Sven Rebehn emphasized that the deterrent effect does not lie solely in the severity of punishment, even though current legislation already allows for sentences of up to fifteen years. “It’s the risk of being caught and convicted that truly deters potential perpetrators” Rebehn stated. This risk, he argues, is being undermined by chronic understaffing and inefficiencies within the state prosecution offices.
The DRB highlights a significant backlog of unresolved criminal files across the nation, contributing to lengthy and often traumatic investigations for victims. The passage of time between the crime and subsequent legal proceedings severely hinders the pursuit of truth and prolongs the suffering of those affected. “These are particularly insidious and dangerous crimes” Rebehn underscored, referring to instances where narcotics are utilized in conjunction with rape and robbery.
Crucially, the DRB’s critique extends beyond the realm of solely legislative action. They insist that concrete action is needed from the German states to bolster the resources available to law enforcement and prosecution agencies. Rebehn warned that stricter laws risk becoming “symbolic politics” without a corresponding investment in the infrastructure of the judicial system. He pointed out that currently, only one in sixteen cases results in an indictment due to the overwhelming caseloads faced by prosecutors, leading to increasingly frequent premature case dismissals. The DRB’s assessment signals a growing concern that legislative gestures are not a substitute for the fundamental structural improvements necessary to effectively combat violent crime and protect vulnerable individuals.
