When she was 30 years old, Nina Fuchs was drugged and raped. Since then she has been fighting for justice – also with her association “KO – Kein Opfer eV”
Nina Fuchs
I’m not the woman I was nine years ago, and my life isn’t the same either. Back then, in the spring of 2013, I experienced what is the worst nightmare for most women: I was raped while under the influence of knockout drugs. But my nightmare only really began after the rape – at the police station. And it’s still not over: To this day I’m fighting in vain for a fair trial.
Despite traces of sperm: police skeptical because of “memory gaps”
At that time, the knockout drops could no longer be detected because the blood and urine samples were taken much too late. But coroners found traces of semen and recovered DNA from one of the two men I only vaguely remember. Due to these DNA traces, there was a hit in the database five years after the crime. That was quite a shock for me, because after such a long time I had long since stopped expecting that this man would ever be found. I wanted to close the issue and put this experience behind me. But things turned out differently.
At the time, the police didn’t believe me about the knockout drops or the rape. No one who hasn’t experienced it firsthand knows how awful it is to give testimony to the police and to have a coroner’s investigation like this – when there is no privacy left, when you have to reveal everything and reveal your inner self when you have words for an experience that cannot be put into words, when every millimeter of your body and every orifice is meticulously examined, when your feelings of shame are not allowed and are simply ignored. Going through it all was hard, but not believing me was like a slap in the face.
We all know that bad people and psychopaths exist, and that will never change. But I expect the police and the judiciary to do everything in their power to help victims of sexualised violence and to try everything to ensure justice. But in my case, as in so many other cases, the exact opposite was done. The judiciary dropped the case despite the DNA evidence. My memory gaps were the reason for this. The fact that this decision represents a free pass for every perpetrator obviously does not matter.
My case is not the exception but the rule
My disappointment, my feeling of powerlessness, my anger and frustration cannot be put into words. But I’m a fighter, even in kindergarten I couldn’t stand injustice. That’s why I have one online petition started, which have signed over 100,000 people to date. But neither the petition and the resulting media attention nor the complaint that my lawyer had filed could change the fact that my case was dropped again. Both the General Public Prosecutor’s Office and the Higher Regional Court have confirmed this decision by the Public Prosecutor’s Office.
Actually I wanted to give up. I felt small and powerless, like David versus Goliath. But then I became aware of one thing: Decisions always serve as references for new decisions, especially when they have been found to be correct by two higher authorities. I can’t bear the thought that victims of sexualized violence will have to go through the same thing in the future because of my case and that they too will be denied a fair trial. Especially in our country, where just 7.5 percent of all reported rapes lead to a conviction and, if you include the huge number of unreported cases, only about one perpetrator out of 100 rape cases is held accountable, such an approach is fatal. For this reason I decided to keep fighting and first went to the Federal Constitutional Court and – after my constitutional complaint was dismissed there – to the European Court of Human Rights. I’ve been waiting for a reaction from Strasbourg since summer 2021.
In 2020, a friend sent me an article about the verdict on the mass rape in Freiburg: “I see quite a few parallels to your case,” she wrote. I see that too and I wonder how it can be that we live in a system in which it depends on the personal assessment of individuals whether a case is dropped or whether there is a conviction of more than five years in prison.
Giving up is not an option for me
The topic of sexualized violence has become part of my everyday life. This is often stressful and emotionally challenging. But my inability to accept the status quo and my striving for change give me the strength to keep fighting. The exchange with other affected people, with feminists and other strong women, the cohesion and solidarity fill me with hope and joy every time. And last but not least, the backing and support of many thousands of people every day is confirmation that I am doing the right thing. Giving up is not an option for me.
© Andreas Gregor / Private
At the beginning I wrote that my life is not what it was before the rape. I grew from it and today I am stronger than ever – and I know exactly what I need this strength for. I can no longer change my past. But I can fight for something to change in the future and that we live in a society characterized by a culture of consensus, civil courage and solidarity.
INFO: Nina Fuchs has the club “KO – No Victim eV” was founded. Its mission is to sensitize society to the issues of sexualized violence and knockout drops and to contribute to a culture of looking and listening. The association gives victims a voice and works to ensure that social and political level, sustainable changes are taking place and the rights of victims are being strengthened KO – No Victim eV