Germany: Update to DEU17007.E of 28 March 1994 on the protection and redress available to women who are victims of sexual violence, and on the protection available to women who are threatened by their former husbands (January 1998 - January 1999)

Publisher Canada: Immigration and Refugee Board of Canada
Author Research Directorate, Immigration and Refugee Board, Canada
Publication Date 1 January 1999
Citation / Document Symbol DEU30815.E
Cite as Canada: Immigration and Refugee Board of Canada, Germany: Update to DEU17007.E of 28 March 1994 on the protection and redress available to women who are victims of sexual violence, and on the protection available to women who are threatened by their former husbands (January 1998 - January 1999), 1 January 1999, DEU30815.E, available at: https://www.refworld.org/docid/3ae6aaa836.html [accessed 17 September 2023]
DisclaimerThis is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.

 

A Winter 1998 WIN (Women's International Network) NEWS article states:

Germany: Legislation Criminalizing Rape in Marriage Passed

From 'Emma', Alteburger Str. 2, 50678 Koln, Germany (translated/summarized)

"This legislation is part of the reform legislation on rape that has been proposed and pursued by feminists for 25 years. The particular section criminalizing rape in marriage has been discussed repeatedly without results.

A coalition of women from different national parties finally joined to once more take up the issue and succeeded to get it to a vote: the legislation was at last accepted, 470 for, 138 against and 35 absent. Large numbers of men joined the women from all parties who supported the legislation and brought it to a vote. Other reforms voted are that all forced sexual activities even if they don't result in penetration are criminal: the minimum sentence is at least one year in prison.

The new law (paragraph. 177) no longer requires strong action or vehement defense on the part of the victim(as the law points out(victims are often literally paralyzed with fear."

No additional information on the protection and redress available to women in Germany who are victims of sexual violence or threatened by their former husbands could be found among the sources consulted by the Research Directorate.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

Reference

WIN NEWS [Lexington, Mass.]. Winter 1998. Vol. 24, No. 1. "Germany: Legislation Criminalizing Rape in Marriage Passed."

Additional Sources Consulted

Electronic sources: IRB databases, Internet, NEXIS/LEXIS, REFWORLD.

Resource Centre country file on Germany. January 1998 - November 1998.

Unsuccessful attempts to contact oral sources.

Copyright notice: This document is published with the permission of the copyright holder and producer Immigration and Refugee Board of Canada (IRB). The original version of this document may be found on the offical website of the IRB at http://www.irb-cisr.gc.ca/en/. Documents earlier than 2003 may be found only on Refworld.

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