The German Federal Ministry of Justice has announced a draft law aiming to combat surreptitiously recorded voyeurism and address existing legal loopholes, sparking a broader debate on the state’s responsibility to protect women in public spaces. Justice Minister Stefanie Hubig (SPD) stated that the initiative seeks to ensure women can move freely and confidently in public, a fundamental aspect of gender equality.
The move comes in response to increasing concerns regarding digital voyeurism and sexual harassment, highlighted by recent incidents like the case of Yanni Gentsch, who was filmed without her consent while jogging in Cologne. The current legal framework, according to Minister Hubig, is inadequate to address the full spectrum of boundary violations experienced by women and girls. While many unacceptable acts are already criminalized, it’s clear that the legal code needs a comprehensive overhaul.
The Ministry is presently examining how to effectively and constitutionally regulate digital voyeurism, with a focus on producing a practical and impactful draft law. The goal is to enhance protection against digital violence and signal a clear commitment to condemning aggression and harassment in public areas.
This legislation is not without its political undertones. Benjamin Limbach, Minister of Justice for North Rhine-Westphalia (The Greens), has been a vocal advocate for stricter penalties. He sharply criticized the current system, highlighting the absurdity of prioritizing offenses like fare evasion over the clandestine filming of intimate body parts. Limbach argued that the law sends the wrong message about societal priorities and necessitates a fundamental review of sexual offense legislation.
Limbach emphasized that the legal distinction between capturing skin and fabric in recordings, or the ability of a victim to physically defend themselves against photographic or video capture, should be irrelevant when determining culpability- a crucial point in establishing a robust defence of sexual self-determination. Furthermore, he stressed the necessity of criminalizing public sexist remarks, viewing the state’s responsibility as extending to safeguarding women and girls from such harassment, even in the absence of physical contact. North Rhine-Westphalia and Hamburg plan to formally present a proposal for legal toughening at the upcoming Justice Ministers Conference, aiming to convey a decisive message to the public.
