Sexual Assault in Europe
Sexual Assault by Use of Force or Threat of Force and Rape Causing Death in Germany
Provisions relating to sexual assault by use of force or threat of force and rape causing death in the German Criminal Code [1]: This criminal issue is covered by Chapter Thirteen, under the heading “Offences Against Sexual Self-determination,” located in Section 178 Sexual assault by use of force or threat of force and rape causing death, which reads: If the offender through sexual assault or rape (section 177) causes the death of the victim at least by gross negligence the penalty shall be imprisonment for life or not less than ten years.
Sexual Assault by Use of Force or Threats; Rape in Germany
Provisions relating to sexual assault by use of force or threats; rape in the German Criminal Code [1]: This criminal issue is covered by Chapter Thirteen, under the heading “Offences Against Sexual Self-determination,” located in Section 177 Sexual assault by use of force or threats; rape, which reads: (1) Whosoever coerces another person 1. by force; 2. by threat of imminent danger to life or limb; or 3. by exploiting a situation in which the victim is unprotected and at the mercy of the offender, to suffer sexual acts by the offender or a third person on their own person or to engage actively in sexual activity with the offender or a third person, shall be liable to imprisonment of not less than one year. (2) In especially serious cases the penalty shall be imprisonment of not less than two years. An especially serious case typically occurs if the offender performs sexual intercourse with the victim or performs similar sexual acts with the victim, or allows them to be performed on himself by the victim, especially if they degrade the victim or if they entail penetration of the body (rape); or 1. 2. the offence is committed jointly by more than one person. (3) The penalty shall be imprisonment of not less than three years if the offender 1. carries a weapon or another dangerous instrument; otherwise carries an instrument or other means for the purpose of preventing or overcoming the resistance of another person through force or threat of force; or 2. 3. by the offence places the victim in danger of serious injury. (4) The penalty shall be imprisonment of not less than five years if the offender uses a weapon or another dangerous instrument during the commission 1. of the offence; or if the offender seriously physically abuses the victim during the offence; or by the offence places the victim in danger of death. 2. (5) In less serious cases under subsection (1) above the penalty shall be imprisonment from six months to five years, in less serious cases under subsections (3) and (4) above imprisonment from one to ten years.
Resources
Notes
- The content of the translated German penal code in relation to sexual assault by use of force or threats; rape is current as of 2010
Resources
Notes
- The content of the translated German penal code in relation to sexual assault by use of force or threat of force and rape causing death is current as of 2010