The draft legislation concerning the punishment of verbal sexual harassment and the hardening of criminal law regarding rape has been finalized by Federal Justice Minister Stefanie Hubig (SPD). According to the “Redaktionsnetzwerk Deutschland,” this draft is scheduled to be circulated to various state governments and associations this Monday, allowing them the opportunity to provide comment.
Under the new criminal provision, an individual who harasses another person through a sexually suggestive utterance or gesture will be liable if that statement or gesture is likely to intimidate or coerce the victim. For such acts, the penalties could include a fine or imprisonment for up to one year. The draft explicitly states that instances of failed compliments do not fall under this definition.
Furthermore, the statute of limitations for acts of rape and collectively committed sexual offenses will be uniformly set at 20 years in the future. Currently, for some offenses, this period is only five years. Group rapes and other collectively committed sexual assaults will be punished with a minimum prison sentence of five years. If multiple participants jointly commit a sexual offense or sexual coercion, the minimum sentence will be three years, up from the current minimum of two years. Additionally, if offenders cause a pregnancy, a minimum prison sentence of five years will apply.
Hubig told the RND that sexual harassment and sexual violence constitute a massive problem in which too many women find themselves living daily. She stressed that this situation cannot be accepted. They must address the issue with determination, using criminal law measures as necessary. She argued that there must be firm red lines and punishments that make offenders feel the seriousness of their actions, asserting that sexual offenses are unacceptable, just as physical assault and threats are. She concluded that a woman’s sexual self-determination is non-negotiable.
