Federal Minister of Justice Stefanie Hubig (SPD) plans to significantly tighten penalties for cases involving “knockout drugs” during sexual assaults and robbery. A corresponding draft law was presented to the cabinet on Wednesday.
Speaking to the “Rheinische Post”, Hubig emphasized that “sexual assault involving knockout drugs is particularly insidious and dangerous”. She announced that perpetrators found using such substances during a sexual assault would face a minimum prison sentence of five years. The proposed legislation aims to strengthen existing regulations.
Currently, even cases involving the clandestine use of knockout drugs during a robbery or sexual offense can result in high sentences, but the legal framework is creating issues. Specifically, the Federal Court of Justice (BGH) ruled in 2024 that knockout drugs should not be interpreted as a “dangerous instrument” under criminal law. Consequently, such acts under current law have not been treated as an exceptionally severe form of sexual assault or robbery, resulting in a current minimum prison sentence of only three years.
Hubig intends for the new draft law to change this perception, ensuring that the use of such drugs is equally treated as using a physical weapon or dangerous instrument during a sexual or robbery crime.
According to Hubig, offenders secretly administer substances to render their victims defenseless. These incidents can occur in public venues like bars and clubs, but also in private homes. She noted that victims often have no chance to notice or resist the assault, describing it as a particularly vicious form of sexual violence that primarily affects women. She stressed that the criminal law must respond with a strong measure, arguing that effective protection against violence requires consistent penalties.
Hubig affirmed that this initiative is part of a comprehensive strategy designed to enhance protection against violence. “We must and we will protect women, in particular, better from assaults-and for this, we are implementing a variety of measures in criminal law and beyond” she stated.
