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Sexual self-determination should soon be enshrined in law. However, the new law must now be followed by consistent awareness-raising.
The Council of States sticks to the “no means no”, but incorporates the facts of the so-called freezing – shock rigidity – into law. The left, who previously fought for the solution “Only yes means yes”, are also satisfied with this compromise. The councils are expected to finish deliberating the law soon.
A big step
Although the revision has not yet been fully discussed, differences remain. What can already be said, however, is that the change in the law that is emerging is a clear improvement over the old law. The expansion of the offense of rape and the introduction of the offense of sexual assault are important changes. Coercion and violence are no longer required for sexual intercourse against a person’s will to be considered rape. A milestone. An overdue innovation.
The compromise is a breakthrough, no question. In practice, however, little is gained from the letter of the law alone.
Many problems remain
The revision of the law raises high expectations. Expectations that sometimes cannot be met. Not only because sexual offenses remain difficult to prove as four-eyes offences. Many victims of rape will continue to refrain from reporting the crime in the future, either because shame is involved or because people close to the victim committed the crime. Victims of rape are still often not taken seriously or not taken seriously enough.
The new law will also not be able to change the fact that victims have to endure lengthy interrogations. On the contrary. Precisely because violence is no longer necessary for the offense of rape, detailed surveys will be all the more important.
Lots of work to do
The law cannot do all this. But what the revision has already triggered is social dialogue. The awareness that sexual acts can only take place with mutual consent has reached the general public. Also the insight that a no should be taken seriously and respected.
One thing is clear: the conclusion of the revision of the law must be the beginning of a dialogue. This dialogue should not only be conducted with perpetrators who can be sent to violence counseling and learning programs. Above all, the dialogue that has already begun with the population must also be continued with the authorities involved. Police officers, social workers, public prosecutors, representatives for the protection of victims, lawyers – they all need to be made more aware. Because it is only with their help that the victims can defend themselves properly and the perpetrators can be convicted. This dialogue has only just begun.