Before a vote in the Federal Council (Bundesrat) on Friday regarding a reform of the sexual offense law, Federal Minister of Justice Stefanie Hubig (SPD) called for a reform based on the principle of “Yes means Yes.” Hubig emphasized that a consensus principle must be introduced, focusing on mutual agreement to consistently protect sexual self-determination.
The minister pointed out that a guideline of “No means No” is insufficient when victims of sexual assault experience a shock response. For these specific cases, she stressed the necessity of the “Yes means Yes” framework. Hubig indicated that this proposal still needs discussion within the coalition of the Union and the SPD, but she expressed confidence that a positive outcome is achievable.
On Friday, the Federal Council is scheduled to vote on a proposal originating from Hamburg. This initiative advocates for a consensus-based sexual offense law aligned with a “Yes means Yes” model. Prior to the vote, Anna Gallina, the Justice Senator for Hamburg (Greens), stated to the Funke Media Group that the sexual offense law must reinforce sexual self-determination by clearly requiring that anyone initiating a sexual act must confirm the consent of their partner. “It is quite simple: if two people become intimate, both must want it,” Gallina noted.
Gallina also warned that women rarely report sexual offenses, suggesting a massive obstacle in the prosecution of these crimes. She expects the state governments led by the Union in the Federal Council to now translate their stated commitment to openness into concrete decisions.
