Germany Proposes Longer Statute of Limitations and "Yes Means Yes" Rule to Combat Sexual Violence
Politics

Germany Proposes Longer Statute of Limitations and “Yes Means Yes” Rule to Combat Sexual Violence

Federal Justice Minister Stefanie Hubig (SPD) is campaigning for several significant changes to criminal law concerning sexual offenses. Speaking to the “Redaktionsnetzwerk Deutschland” ahead of the Justice Ministers’ Conference in Hamburg, she emphasized the need to close existing legislative gaps in the fight against sexual violence.

One of her primary goals is to bolster protection against verbal sexual harassment, a trend she notes particularly affects young women. Furthermore, Minister Hubig is working on adapting the murder statute to ensure that crimes against women, or femicides, are consistently prosecuted as murder.

A third critical proposal involves extending the statute of limitations for rape and sexual assault. Currently, the limit is five years, which Hubig argues is insufficient. In her view, an appropriate term would be 20 years, aligning with the timelines established for comparably serious crimes. She intends for this adjustment to be made as soon as possible.

Hubig also strongly supports moving the fundamental principle for cases of sexual violence from “No means No” to “Only Yes means Yes.” Personally, she advocates for a regulatory framework based on the “Only Yes means Yes” principle. Prior to 2016, rape was typically only recognized if the victim had physically resisted; 2016 marked a major shift toward “No means No.” In her assessment, the time is now right for this next evolution.

According to the minister, the “Only Yes means Yes” standard ensures that sexual autonomy is consistently protected, even if victims are in a state of shock and unable to articulate a refusal. Hubig highlighted that many European nations already employ this solution, and she views it as a leading example.