Ten years after the principle that “No means No” was introduced, Federal Justice Minister Stefanie Hubig (SPD) is advocating for a further tightening of Germany’s sexual assault laws. Speaking to the “Neue Osnabrücker Zeitung”, the minister stated her conviction that the next step must be a rule based on the principle of “Only Yes means Yes,” meaning that all sexual acts must be mutually consensual. She believes this transparency should be reflected in the law, viewing it as a necessary fundamental standard, and aims to have it introduced this year.
While a reform law went into effect in November 2016, the Minister feels that the core provision-which criminalizes sexual acts performed when they are against a person’s discernible will-is no longer adequate. According to Hubig, there are instances where victims are unable to express their resistance, such as when they fall into a state of shock paralysis. Even in such situations, a punishable act of rape may exist, and she stressed that silence does not constitute consent.
Hubig recently submitted a draft law that includes adjustments to the definition of sexual assault. She confirmed that a second draft focusing on a comprehensive “Only Yes means Yes” structure for sexual law will follow shortly. She plans to present this draft to the government party factions soon.
While the coalition of the CDU/CSU and SPD has already reached an agreement on the “Only Yes means Yes” principle for minors, the Minister maintains that there should be no age distinctions and this rule should apply equally to adults. She indicated that this proposal is already receiving considerable support. Hubig concluded by noting that there is significant political focus on violence prevention at present, affirming a wide-held political conviction that the government must make substantial progress in this area, asserting that violence is not a fate that women must simply endure.
