Law to Strengthen the Rights of Victims of Sexual Abuse
| Basic data | |
|---|---|
| Title: | Law to Strengthen the Rights of Victims of Sexual Abuse |
| Abbreviation: | StORMG |
| Type: | Federal law |
| Scope: | Germany |
| Legal matter: | Criminal Procedure Law |
| References : | 312-2, 300-2, 451-1, 400-2, 400-1, 450-2, 303-8, 424-5-1, 610-10, 702-1 |
| Issued on: | June 26, 2013 ( BGBl. I p. 1805 ) |
| Entry into force on: | mostly on September 1, 2013 |
| GESTA : | C076 |
| Please note the note on the applicable legal version. | |
The law to strengthen the rights of victims of sexual abuse shortly StORMG , is a German Amendment Act . It is intended to protect the victims of crimes against sexual self-determination from being additionally traumatized when conducting criminal proceedings ( secondary victimization ).
Comments on the draft
The draft bill of the German Federal Ministry of Justice was dated December 7, 2010.
From the point of view of the German Association of Judges, it is "largely suitable for further strengthening the rights of victims of sexual abuse in criminal proceedings".
The Federal Chamber of Lawyers, on the other hand, writes: "The proposals in the present government bill to further strengthen the rights of victims of sexual abuse are no longer acceptable because of their one-sided focus on the concerns of witnesses who are viewed as violated by the crime."
The German Bar Association comments: "The limitation of the extension of the limitation period to civil law claims for damages is a welcome rejection of the publicly discussed extension of the limitation periods in criminal matters."
The White Ring complains, among other things, of the restraint in criminal law and suggests: B. the completion of the 25th year of life, since until then child benefit is paid and many young adults up to this age are still dependent on their parents because of their education and live there. "
The victims' association netzwerkB is not satisfied with the reform: “The increase in the limitation period for claims for damages to 30 years represents equality with those affected by other forms of violence and damage to health. In this sense, we think that is also positive. However, long-term health effects only occur after this period has expired. That is why all those involved in politics know that this 30-year period is not enough. "
The BAG FORSA initiated “to examine whether the low upper limit for sexual offenses against young people (14 to 17 years of age) in Section 174 of the Criminal Code should be increased from 5 to 10 years imprisonment (currently applies to both the simple and the serious abuse, according to which there is a limitation period of 5 years after reaching the age of 18). "
Decision making
The legal committee of the German Bundestag last discussed the draft on March 13, 2013. The law was passed on March 14, 2013 in the Bundestag by the CDU / CSU / FDP. The SPD, the Left and the Greens abstained.
Web links
Individual evidence
- ^ Statement by the German Association of Judges on the draft bill for a law to strengthen the rights of victims of sexual abuse (StORMG). No. 02/11, January 2011. ( online ( memento of the original from February 29, 2016 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. )
- ↑ Statement of the Federal Bar Association on the draft law of the Federal Government Law to Strengthen the Rights of Victims of Sexual Abuse (StORMG). June 2011 ( Federal Council printed matter 213/11) ( online )
- ^ Opinion by the German Lawyers' Association by the Criminal Law Committee on the draft bill for a law to strengthen the rights of victims of sexual abuse (StORMG). February 2011 ( online ( Memento of the original from June 3, 2012 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this note .; PDF; 42 kB)
- ^ Opinion of the White Ring. ( online ( page no longer available , search in web archives ) Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice .; PDF; 49 kB)
- ^ Opinion from netzwerkB. ( online )
- ↑ BAG FORSA ( online ( memento of the original from March 4, 2016 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this note .; PDF; 78 kB)
- ↑ Minutes Legal Committee, March 13, 2013 ( online ( page no longer available , search in web archives ) Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice .; PDF; 161 kB)
