According to Article 36 of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention), rape is the sexually determined vaginal, anal or oral penetration of another person's body.
Rape can cause physical injuries in the sense of medical trauma and is usually associated with severe emotional injuries in the sense of psychological trauma . If the trauma is not dealt with, it harbors the risk of transgenerational transmission . In addition to persistent physical or emotional pain, it can also lead to the transmission of sexually transmitted diseases or pregnancy . The rape always means a massive violation of the victim's self-determination .
The legal assessment differs from country to country. Rape violates the human right to sexual self-determination , which is contained in the German Basic Law as part of the general freedom of action under in conjunction with .
Almost all contemporary societies are aware of a crime of rape and outlaw it as one of the most serious crimes. However, there is no uniform definition of this legal term. Forced sexual intercourse in marriage or with opponents in the course of acts of war or with social outsiders ( minorities or slaves ) was or is not regarded as a criminal offense everywhere. Many societies knew or are aware of blame being assigned to the victim , which manifests itself in the form of marginalization or even forced marriage with the rapist. In the 20th century, rape in relationships was considered a disgrace for women, whose taboo and de facto impunity were only broken worldwide by the second women's movement .
In Europe, sexual intercourse is considered rape in eight countries - Germany, Ireland, Great Britain, Belgium, Cyprus, Iceland, Luxembourg and Sweden (as of 2019).
Due to the very different international legal situation, it is difficult to compare statistics.
The rape (synonym: per vim stuprum , outdated: rape ) regardless of marital status and sex of the victim in 1997 of the Criminal Code regulated.
The norm in Section 177 (6) of the Criminal Code has been as follows since November 10, 2016:
Rape is sexual assault or sexual coercion with qualified sexual acts. Since November 10, 2016, rape has also been a standard example of the particularly serious criminal offense of sexual assault, so that certain offenses that were previously not punishable or that were considered to be sexual abuse of resilient persons or coercion are also considered rape. The reform involved a change to a “no-means-no” model. The basic offense of § 177 StGB is no longer sexual coercion, but the new offense of sexual assault. "Intimidating acts (violence, threats, exploitation of a defenseless situation)" are no longer necessary for affirming rape.
Rape occurs when a person intentionally with another against the apparent will of the intercourse takes place, or are to be, or carrying out other particularly humiliating sexual acts on the victim or can make the sacrifice, especially when they are connected to the penetration into the body (qualified sexual Actions; for example oral or anal intercourse). This can also be the case when a finger is inserted into the vagina. The use of objects can also be included. It does not matter whether the body of the victim or the perpetrator or a third party is penetrated. According to this, for example, forced oral intercourse, in which the perpetrator takes the victim's penis into his mouth, is also classified as rape. According to the reform, rape does not require a person to be carried out personally. It is sufficient, for example, for an accomplice to have sexual intercourse with the victim. A commission as an indirect perpetrator is also possible.
Scope of punishment and statute of limitations
The penalty framework for sexual assault ( (1) and (2) StGB) includes imprisonment of at least six months or, if you are qualified for illness and disability and for sexual assault (Section 177 (4) and (5)), from one year to a maximum of 15 years. The minimum sentence for rape is (regularly) at least two years, in the case of the qualification of Section 177 (7) StGB (minimum sentence three years) the sentence is severe rape (or sexual assault or sexual assault), in the case of paragraph 8 it is particularly severe Rape (or coercion or sexual assault) (minimum five years). In addition, Criminal Code provides for a prison sentence of ten to fifteen years or life imprisonment and a corresponding period of limitation of 30 years in the event of the offense of rape resulting in death .
In Germany, the statute of limitations for rape and serious sexual offenses is 20 years. According to Criminal Code, the statute of limitations does not begin until the victim has reached the age of 30.
Historical development of the maximum range of sentences and statute of limitations for non-fatal sexual offenses:
For rape that was not statute barred on June 30, 1994, June 30, 2013, January 27, 2015 or was committed afterwards, the statute of limitations is suspended until the victim reaches the age of 18, 21 or 30.
- Rape within the marriage was punishable until 1997 as coercion according to § 240 StGB with three years imprisonment and possibly as bodily harm according to § 223 ff. StGB with sometimes higher penalties. The statute of limitations came accordingly quickly.
- Sex offenses committed before June 30, 1974 were statute-barred by June 30, 1994 at the latest.
- Sex offenses committed after June 30, 1974 and before June 30, 1993, to the detriment of a woman who was born before June 30, 1975, expires on June 30, 2013 at the latest.
- Rape to the detriment of a woman who was born before January 27, 1974, committed after June 30, 1993 and before July 5, 1997, expires in 2015 at the latest.
- Rape to the detriment of a woman who was born after January 27, 1974 and before June 30, 1975, committed after June 30, 1993, becomes statute-barred after her 50th birthday, i.e. in particular only after January 27, 2024.
- A rape to the detriment of a woman who was born after June 30, 1975 expires at the earliest on her 50th birthday, i.e. in particular after June 30, 2025.
- A sexual offense to the detriment of a man, committed before July 5, 1997, is not punishable under § 178 StGB, committed before June 11, 1994 is not punishable under § 182. From September 1, 1935 to September 1, 1969, these crimes were explicitly punishable under Section 175a of the Criminal Code, until November 1973 implicitly under Section 176, and from November 1973 to July 5, 1997 under Section 178 of the Criminal Code, each with a maximum penalty of 10 years and thus 10 Years, and in the case of sexual offenses to the detriment of men that occurred between September 1, 1969 and June 30, 1994, Sections 174, 175 StGB, each with a 5-year threat of punishment and a limitation period, were relevant. It follows:
- Sex offenses to the detriment of a man, committed before June 30, 1984, were statute-barred after 10 years, i.e. on June 30, 1994 at the latest.
- Sex offenses to the detriment of a man born before June 30, 1985, committed after June 30, 1984 and before July 5, 1997, are statute-barred by June 30, 2013 at the latest.
- Sex offenses committed before July 5, 1997 to the detriment of a man born after June 30, 1985, expire on his 40th birthday, i.e. not before June 30, 2025.
- After July 5, 1997, rape does not expire until the victim's 50th birthday at the earliest.
|before 06/30/1974||Women: <1994
|Women 38 years, 30.06.2013
|Women 38 years, 30.06.2013
Men: 28Y. 06/30/2013
|Women: 41J, 01/27/2015||Women: 50Y
The Imperial Criminal Code of 1871 defined rape and the provision of indecent acts as criminal offenses against morality. With the 4th law reforming criminal law of 1973, the norm was changed from the moral order to the sexual self-determination. The focus was no longer on immoral behavior, but rather the determination to engage in sexual acts against the will of the person concerned. The rape and the determination to indecent acts thus became special cases of coercion (rape and sexual coercion).
Rape was defined as “extramarital” until 1997, so marital rape was “only” punishable under Section 240 of the Criminal Code (coercion). In 1973 the State of Hesse and in 1983 the Hanseatic City of Hamburg unsuccessfully submitted draft laws to delete the wording “out of wedlock” from Sections 177 to 179 of the Criminal Code. In 1983 the Greens and members of the SPD tried to delete the word "out of wedlock". Both bills failed. The CDU and CSU justified their opposition to the reform efforts by stating that the change in the law would expand paragraph 218 of abortion, because wives could use the claim that they had been raped as a justification for their desire for an abortion . In the following years, inter alia the Greens, the SPD, the PDS , the Lawyers' Association and the Ministry of Justice put forward various bills. On May 15, 1997, in a roll-call vote, a majority of the MPs - freed from parliamentary group compulsory - voted for a cross-party group motion by female MPs and for the legal equality of marital and extramarital rape. 470 MPs approved the motion, 138 voted against and 35 abstained. Since then, marital rape has also been punishable under Section 177 of the Criminal Code. The government draft of the CDU, CSU and FDP , which contained a contradiction or reconciliation clause, which would have enabled victims of marital rape, unlike victims of extramarital rape, to object to the main hearing and thus to save the spouse from further prosecution, was rejected .
The offenses of rape (§ 177 StGB old version) and sexual coercion (§ 178 StGB old version), which were separate under German criminal law until 1997 , were combined under a single offense and their content was considerably expanded (§ 177 StGB new version). ). This makes rape a particularly severe case of sexual coercion (see standard example ). If the perpetrator has carried out (degrading) sexual acts on the victim or allowed him to do so, which involved penetration into the body (of the perpetrator or the victim), the general verdict is conviction for rape. The legislature has extended the criminal liability to "another person" (for the first time also to men as victims ) in a gender-neutral way .
Everyone who has been injured in their sexual self-determination is entitled to compensation for pain and suffering , regardless of gender . The victim can also assert his claims against the perpetrator, in particular the payment of compensation for pain and suffering, in criminal proceedings ( adhesion proceedings ). This is derived from the legal interest of sexual self-determination.
Until 2002, only women could claim compensation for pain and suffering against whom a crime or offense against morality had been committed or who were determined to allow extramarital cohabitation through deceit , threats or abuse of a relationship of dependency (Section 847 (2) BGB old version). This was changed by the 2nd Law Amending Damage Rights.
Only vaginal penetration is considered rape. All other sexual assaults are sexual coercion according to ArticleStGB. In particular, forced anal penetration is not rape according to Swiss criminal law, but sexual coercion. This special position of vaginal intercourse has historical roots. In today's practice it is irrelevant, since sexual assault and rape are threatened with the same maximum penalty. Only the minimum penalty is lower for sexual coercion (fine without an explicit lower limit), because less serious assaults (forced kiss, groping) are also rated as sexual coercion.
A necessary prerequisite for the offense is the use of coercive means. The victim must defend himself in a way that is recognizable for the perpetrator and the perpetrator must overcome this resistance. However, the demands made on the extent of the resistance should not be too great. While in the past only physical violence was considered a means of coercion, the current legal text also expressly recognizes psychological pressure. It is more difficult to assess cases in which a victim, due to the hopelessness of the situation, foregoes resistance. In any case, the perpetrator must be able to recognize that the sexual acts are taking place against the will of the victim. If the victim is incapable of resisting from the outset, rape or sexual coercion is ruled out; in this case, only desecration according to Art. 191 comes into question, which is also threatened with the same maximum penalty.
Up until 1992 rape was limited to forced sexual intercourse outside of marriage, rape within marriage did not exist in purely conceptual terms. Between 1992 and 2004, marital rape was a petitioned crime . Marital rape has also been an official offense since 2004 .
The question of whether marital rape should be a petition or an official offense has been and is controversial. On the one hand, there is the conviction that it helps to protect marriage if the spouses are kept open to forgive. On the other hand, there is the conviction that violent crimes are never a private matter. In addition, experience has shown that many women withdrew their criminal complaint, often under suspicion that this withdrawal had taken place under pressure.
Basic offense rape
The offense includes the coercion of cohabitation or a sexual act that is equivalent to coitus if the coercion is carried out with violence , through deprivation of personal freedom or through threats with the current danger to life or limb . The penalty for committing the basic offense of rape is imprisonment of at least two years. (at least one year until December 31, 2019) and a maximum of ten years.
In addition to the basic offense, Austrian criminal law recognizes several serious qualifying offenses in the second paragraph of Section 201 of the Criminal Code , which lead to considerably more severe penalties. If the rape results in serious bodily harm , pregnancy or an excruciating condition for the raped person for a long time, the penalty is increased to five to fifteen years. The same applies if the perpetrator humiliates the victim in a special way while carrying out the act . If the rape results in the death of the victim , the perpetrator is to be punished with a prison term of ten to twenty years or with life imprisonment, which corresponds exactly to the penalty of the intentional homicidal offense murder .
Differentiation from other sexual offenses
Rape is the first offense of Section 10 of the Criminal Code, which generally deals with criminal offenses against sexual integrity and self-determination . In addition to the criminal offense of rape, there is also Section 202 of the German Criminal Code, Sexual Coercion . It is only used if the perpetrator is not already to be punished under Section 201 of the Criminal Code. The offense includes coercion with violence or dangerous threats to undertake or tolerate a sexual act. Section 202 of the Criminal Code goes much further than the offense of rape, as the wording of the sexual act means that considerably more acts are recorded. The range of punishment is up to five years imprisonment and contains the same qualifications as the criminal offense of § 201 StGB.
Until the end of April 2004, rape in marriage in Austria or in an extramarital partnership could only be prosecuted in certain cases at the request of the victim. Since then, § 203 of the Criminal Code has been repealed in marriage or civil partnership, so that any report of rape must be prosecuted as an official offense by the security authorities without restriction .
In the United States, criminal law is a matter of state . It differs from state to state, and not necessarily the term rape rape ' is used, but also sexual assault , sexual assault' , criminal sexual conduct ', criminal sexual conduct , abuse sex , sexual abuse' or sexual battery , sexual assault ' .
The criminal law of the American states also knows the offense of a statutory rape 'rape according to the law' , which is fulfilled when an adult engages in sexual acts with a person of legal age , regardless of whether the younger person has given consent or not.
Up until 1977, the death penalty could be imposed for rape an adult person in numerous states , and in the southern states before the civil rights movement it could possibly also be imposed for attempted rape if the perpetrator was a black perpetrator. The United States Supreme Court stated this in the Coker v. Georgia, however, is unconstitutional. Since the decision in the Kennedy v. Louisiana in 2008 also banned the death penalty for rape of minors.
In Saudi Arabia , rape is a serious criminal offense and can be punished with the death penalty. The death penalty for rape was passed 163 times from 1980 to May 2008. Offenders married at the time of the rape will be executed according to the law; Offenders who are single at the time of the offense are punished with one or more years imprisonment and 100 lashes. In a rape involving multiple perpetrators, it is not uncommon for all of the perpetrators to be executed, regardless of whether they were actively involved or not. Young people can also be executed for rape.
Women are allowed to use weapons to defend themselves against a man who wants to rape them. Anyone who wrongly accuses someone of rape can be punished with imprisonment or lashes.
The rape victim can also be punished with imprisonment or lashes if they actively contribute to the creation of the "situation", for example by meeting with strangers or having an illegitimate relationship that ultimately leads to the rape. At the end of 2007, a rape victim was sentenced to 90 lashes for having met and had illegitimate relationships with his rapists several times before the crime. The victim was later pardoned by King Abdullah . The perpetrators were sentenced to prison terms. The case reported from the Shiite city of Qatif was subsequently instrumentalized for anti- Shiite propaganda.
In Sweden's Penal Code, Brottsbalk in the national language , Chapter 6 deals with sex crimes. Paragraph 1 deals with rape (våldtäkt), paragraph 2 with sexual coercion (sexuellt tvång) and paragraph 10 with sexual harassment (sexuellt ofredande).
Paragraph 1 says accordingly: Sexual physical acts that are similar to sexual intercourse, which are enforced without the consent of the person concerned, through abuse or otherwise with violence or through the threat of crime or are carried out on persons because of unconsciousness, sleep, drugs, illness, physical or mental disorders are in a helpless state, are punished with two to six years imprisonment, in less serious cases up to four years, in particularly severe cases (e.g. several people, particularly brutal) with five to ten years imprisonment.
Paragraph 1a says that the acts mentioned in Paragraph 1 are also punishable as rape with imprisonment for up to four years if the intent with regard to the voluntary participation of the person concerned cannot be proven. In less serious cases, a penalty can be waived.
Paragraph 2 says accordingly: Anyone who carries out a sexual act against the will of the person concerned that is not covered by Paragraph 1 is punished with imprisonment for up to two years, in serious cases with imprisonment between six months and six years.
Paragraph 4 says accordingly: Anyone who has sexual intercourse or comparable sexual acts with a person under the age of 15 is punished for rape of a child with a prison sentence of two to six years, in serious cases with five to ten years imprisonment.
Paragraph 10 says, mutatis mutandis: Anyone who exposes himself in front of another in such a way that it causes discomfort or otherwise harasses a person through words or actions in such a way that it violates the sexual integrity of that person will be punished with a fine or up to two years in prison.
Syria, United Arab Emirates, Morocco, Jordan, Lebanon
In Syria and the United Arab Emirates , a rapist can avoid prosecution if he marries his victim. In Morocco, a corresponding law for minors (Section 475 of the Criminal Code) was abolished in January 2014, in Jordan and Lebanon it was abolished in August 2017, so that rape is now always a criminal offense in these countries too.
An amendment to the law planned by Turkish Prime Minister Recep Tayyip Erdoğan in November 2016 , according to which a perpetrator of sexual violence against minors should be exempt from punishment if he subsequently marries his victim, was shelved after a storm of indignation among Turkish women .
Rape of girls and women
According to a report by the United States Department of Justice, 94 percent of reported rapes of children and adolescents between 1991–1996 were committed by male perpetrators. 82 percent of the victims are female, with the relative proportion of female victims and the proportion of male perpetrators increasing with the age of the victims.
A representative study commissioned by the Federal Ministry for Family Affairs in 2004 came to the conclusion that every seventh woman in her adult life in Germany had been the victim of sexual violence at least once, and 6 percent of the respondents said they had been raped. Of these, 56 percent were victims of sexual violence several times, with the range of situations ranging from 2 to over 40 situations. Sexual violence against women is almost exclusively (99 percent) perpetrated by adult male perpetrators. In just under one percent of the cases, a woman was the perpetrator or at least involved in the crime. Most of the perpetrators come from the women’s immediate surroundings, with just under 15 percent being strangers. Ex-partners were most frequently named as the perpetrator. Attempts to resist physical action or calls for help and escape from the situation were more likely to be successful if the perpetrator was a stranger.
More than 24,000 rape cases were recorded in India in 2011. According to women's rights activists, the number of unreported cases is extremely high because rape victims are often socially stigmatized and therefore do not report the attacks. Since the gang rape in Delhi in 2012 , reports of rape, protests against the lax prosecution and statements by politicians have been reported internationally. According to the police, 38,947 cases were reported in 2016. In 570 cases the victims were younger than six years, 1596 were between six and twelve, between the ages of 12 and 16 there were 6091 victims. Many of the victims are Dalit or Muslim, while the perpetrators are often from higher castes .
One in four women in South Africa is a victim of sexual violence. This puts the country at the forefront of international rape statistics. More than 64,000 rapes are reported each year. Police and women's associations in South Africa estimate the number of unreported cases of sexual violence to be 10 to 25 times the official figure. In a survey, one in four men admitted to having raped a woman before. There is seldom a conviction.
Rape of boys and men
A meta-analysis of a total of 120 studies came to the conclusion that around 3 percent of men worldwide were raped as children or adults in the course of their life (in contrast to 13 percent of women). In most cases the perpetrators are other, usually older men. However, there are occasional sexual assaults by women against boys and men. Raped boys and men find it difficult to reconcile the victim experience with their male identity because of the prevailing image of masculinity in society. They are therefore under pressure to hide the violence they have suffered from themselves and others.
A South African study on sexual violence uses a quarter of a million interviewed children and adolescents between the ages of 10 and 19 as a database. Of the 18-year-old young men, 44 percent said they had been raped before, including 41 percent by women, 32 percent by men and 27 percent by perpetrators of both sexes.
Rape in prisons serves to establish an "inter-male hierarchy of domination". Victims are mostly younger, smaller, weaker and less experienced men in penal institutions. They are symbolically transformed into "women". Many in a committed relationship submit to a stronger man for protection from gang rape. The rate of rape is higher in juvenile detention centers than in adult prisons. Sexual assault is the leading cause of suicides in detention.
In group rape, one or more people are raped by a larger group . The perpetrators are usually younger than in individual rapes and predominantly male, although there have also been cases of complicity by women. Most of the time it is a group of perpetrators with a hierarchical structure. Most of the time the act is planned. In criminology, collective irresponsibility is emphasized: the group commits a serious crime together that the individual would not be capable of alone. The group dynamics as well as specific values and norms , which can contain masculinity , power , violence and aggressiveness , are important. The adaptation to the group norm is considered a main aspect of the motivation of the individual perpetrator. The victims are also humiliated and degraded more strongly than in the case of individual rape, they are de-individualized to a high degree and degraded to objects on which "experiments" are carried out. The victim's feeling of powerlessness, heightened by the numerical superiority, is enjoyed by the perpetrators, who understand the crime as a form of entertainment. The higher the acquaintance of the perpetrator, the more brutal the crime is committed. Group rape causes more severe physical and psychological damage to the victim than rape by an individual perpetrator.
"The machismo concept of men, a narrow stereotypical conception of femininity and the treatment of women as 'everyday objects' lead to group rape."
There are only a few scientific studies on group rape of women by men in their local and social environment, which may be due to the fact that group rapes are relatively little represented among the registered reported rapes. In 2017, 467 suspects were investigated. Group rape often takes place in the context of military conflicts.
Rape in war
In cases of conflict such as wars or civil wars or in so-called ethnic cleansing , mass and systematic (cf. sexism , androcracy and gender order ) rapes of women by opponents of the war can often be observed around the world . Examples of such war crimes by men are forced prostitution in Wehrmacht brothels , camp brothels and Japanese war brothels , the rape of Nanking in 1937 by Japanese occupation soldiers , the acts of violence by German soldiers in the conquered areas or the 1.9 million rapes in the conquered eastern areas and in Germany by relatives of the Red Army at the end of the Second World War and, not least, rape in the areas of France, Italy and Germany liberated by Allied troops, as well as during the occupation of Japan from 1945. More recent examples are the Yugoslav Wars , the Second Congo War , the Third Congo War and the conflict in Darfur , where the Janjawid systematic rape.
Over half of those raped in conflict zones are children; sometimes their share is also considerably higher. This comes from a report by Save the Children .
Numerous women and girls were tortured, raped and killed in the genocide in Bangladesh by the Pakistani military and militias of the Islamist party Jamaat-e-Islami . Thousands of Bengali women were kidnapped and held as prisoners of war in brothels and army bases. The total number of rape crimes is estimated at 200,000 to 400,000 , according to Gendercide Watch . Many girls and women were raped publicly in front of their families. Many then committed suicide. Many were rejected by their families in order to protect family honor after the rape.
The 1998 Akayesu ruling of the International Criminal Tribunal for Rwanda defined rape and sexual violence as acts of genocide if they were carried out with the intent to destroy, in whole or in part, a certain population group. Former Rwandan Minister for Women and Family, Pauline Nyiramasuhuko , was sentenced to life imprisonment by the International Criminal Tribunal for Rwanda in 2011 for rape, war crimes and crimes against humanity . She was the first woman convicted of genocide.
In February 2001, the International Criminal Tribunal for the Former Yugoslavia in The Hague delivered a historic judgment when rape in connection with acts of war was first condemned as a serious violation of the Geneva Conventions and classified as a crime against humanity. In June 2008, the United Nations Security Council passed Resolution 1820 , which now makes sexual violence in armed conflict a criminal offense. The Council recalls that "rape and other forms of sexual violence can be prosecuted as war crimes, crimes against humanity or as part of genocide". Further resolutions in 1882 and 1888 followed in 2009 .
In April 2019, the UN Security Council, with Russia and China abstaining, passed another resolution on sexual violence. The UN member states are called upon to strengthen their legislation on such acts of violence, to expand the prosecution of the perpetrators and to provide better care for the victims. The resolution also provides for UN sanctions in the event of the use of sexual violence in armed conflict. A call for full health services to the victims, which was provided for in previous drafts, had previously been removed - as had any sexual health reference - under pressure from the United States, China and Russia.
Rape as a War Strategy
In June 2008, the United Nations Security Council passed Resolution 1820, classifying sexual violence against women and girls as a weapon of war.
Rape and other forms of sexual violence are used as war tactics in many countries , such as Afghanistan , the Central African Republic , Chad , Congo , Sudan , Bosnia and Herzegovina , Peru, and Tibet . Rape has been used in armed conflict since the Second World War to punish and humiliate opponents, destabilize communities, wipe out certain religious and political groups, provoke opposing troops to revenge, and as a reward for victories and morale. Many of the victims - mostly young girls - are no longer able to attend school due to injuries, insecurity and fear. Studies from Rwanda assume that between 250,000 and 500,000 women and girls were victims of sexual violence during the 1994 genocide. The situation in the Congo was particularly dramatic. According to data from the Federal Agency for Civic Education in 2009, 75 percent of all rapes of people treated by Doctors Without Borders worldwide occurred in the Congo. Many women are rejected by their families after they have been raped, and the same applies to the children they conceive.
UN Resolution 1888 of September 30, 2009 stated that only a few of the perpetrators of sexual violence had been brought to justice.
Rape and other forms of sexual violence have been used by men as a means of war or political aggression against men in countries such as Chile, Greece, Croatia, Iran, Kuwait, Congo, Uganda, the former Soviet Union and the former Yugoslavia.
During the civil war in Sierra Leone from 1991 to 2002, girls and young women were regularly raped and then forcibly recruited during raids on villages by the Revolutionary United Front (RUF). “Female family members of alleged enemies were preferentially abused. Through the public (mass) rape, the perpetrators attacked the masculine self-image of the respective male family members, who were mocked as failures in their defenselessness. RUF fighters also raped men to emasculate them. They were also occasionally sexually abused by RUF combatants. Such was sexual violence non-military tactics to the family and social cohesion of the respective enemies to break the long term. "
According to a UNHCR report , mass rape is used as a weapon during the civil war in South Sudan ; for April to September 2015, according to the report, there are indications of more than 1,300 rapes from the state of Unity alone, but the rapes recorded in the report are only a part of the real total. The government but also the rebels use the mass rapes as reward for their fighters. Since the rapes were systematically used and each directed against specific ethnic groups, there is reason to believe that they should be classified as war crimes and crimes against humanity.
In January 2016, Rolf Pohl , social psychologist at Leibniz Universität Hannover, gave the seventh part of his final lecture , which dealt with rape as a war strategy under the title The Destruction of Women as Subject .
Rape in the military
In the US, research found that army rape has increased since women became soldiers. For example, at the United States Air Force Academy, 20 percent of women soldiers were raped. The vast majority (80 percent) did not report the rape because women soldiers who report a rape are intimidated or even punished.
The estimated number of unreported cases of rapes in the US armed forces is estimated at 10,000 men and 9,000 women. Exactly 3223 cases were reported in 2012, 529 perpetrators were convicted by military courts and 175 were serving prison terms.
Rape as torture
Rape and all forms of sexual violence were and are also used as a method of torture . Reports of sexual violence as a means of torture can be found in recent history relating to Argentina and Chile in the 1970s and 80s; there are also reports inter alia. from the former Yugoslavia, Bangladesh, Chad, Kenya, Turkey, China, Rwanda and South Africa.
In the case law of international courts of law, sexual violence and rape as a form of torture were first adopted and further developed by the International Criminal Tribunal for the Former Yugoslavia (ICTY). In its judgment of 16 November 1998 on the systematic rape of Serbian women in 1992 in the Čelebići prison camp, the ICTY expressly recognized rape and sexual violence against women as forms of torture that comply with serious violations of Article 147 of the IV Geneva Convention .
Consequences for the victims
Rape means a violation of autonomy, the right to self-determination and thus psychological integrity. A distinction is made between the physical and psychological consequences of rape.
The physical consequences of rape can include vaginal and rectal bleeding, bruises, and urethral infections. A sexual act that is forced through merely threatened violence can, however, also take place without any visible physical traces afterwards. In addition, the affected persons often experience psychosomatic complaints (e.g. persistent abdominal pain). In most cases, there is a risk of infection through sexually transmitted diseases and unwanted pregnancy . In a few cases, rape combined with massive violence ends with the death of the victim.
According to a representative study commissioned by the Federal Ministry of Family Affairs in 2004, the consequences of injuries ranged from bruises (73%), vaginal injuries (32.7%), other internal injuries (5.4%), and bone fractures (2.3%) Miscarriages (3.5%).
According to a 1996 study, there were 32,000 rape pregnancies a year in the United States.
The victim's psychological damage often lasts for a long time. Many feel fearful to death during the crime; most are in a state of shock during and immediately after the crime . Post-traumatic stress disorder can occur in those affected as long-term effects.
The following symptoms have been described:
- a sexual disorder
- Feelings of guilt
- Anxiety or panic attacks
- Selfharming behaviour
- Attempted or committed suicide
- sleep disorders
The severity of the reactions varies greatly. It depends, among other things, on the means of violence used in the act, on the victim's social environment and how they dealt with the rape, on previous experiences of violence and on the age of the victim. Some victims find their way back to a normal life without special care (see also resilience ), others only manage to come to terms with the rape in the long term and only through psychotherapy .
Until the 1960s, rape was considered a serious but rare offense committed by mentally abnormal offenders unknown to the woman. Only through studies of victimization , especially since the 1980s, has the criminological perspective completely changed. Contrary to the widespread public perception, most rapes take place among friends and relatives. Rape by a total stranger ("the man behind the tree") is extremely rare. So knew z. According to a US study from 2004, for example, victims and perpetrators fail each other in only two percent of all cases. Assuming that rape by family members, life partners or close friends is often not reported, the actual proportion of rape by complete strangers is likely to be even lower. According to the same study, alcohol or other drugs played a role in around two thirds of all cases.
A relationship between clothing and the appearance of a person and their relative risk of being raped has so far not been statistically proven.
The evidence in the case of rape is difficult, mostly testimony against testimony.
A study published in 2014 by the Criminological Research Institute of Lower Saxony , headed by Christian Pfeiffer , found that 20 years ago in Germany just under 22 percent of those reported had been convicted, in contrast to just over eight percent of suspects in 2012. According to the study, the group of foreign offenders has decreased; in 1994, around 30 percent of the cases that were cleared up were attributed to foreign suspects; in 2012 it was only 18 percent. Accordingly, the proportion of suspects from close social areas rose from 7.4 to just under 28 percent during this period.
In 2014, the German Association of Women Lawyers criticized the fact that German criminal law did not allow effective prosecution of all non-consensual sexual acts and called on the federal government to modernize sexual criminal law . "The criminal law paragraph, which makes sexual assault and rape a punishable offense, does not meet the international requirement of criminalization." In 2016 the sex criminal law was tightened .
Frequency of rape
Exact numbers are not known due to the high number of unreported cases . A population survey in Germany showed that 8.6 percent of the women questioned had been victims of rape, sexual assault or an attempt to do so at least once in their life. Representative studies in the United States found that 15 to 25 percent of all women are raped at least once in their lifetime. The majority of violent crimes are believed to affect children and adolescents. For example, one concludes from surveys that 10 to 15 percent of all women and between 5 and 10 percent of all men up to the age of 14 or 16 have “at least once experienced sexual contact that was undesirable or because of the 'moral' superiority of someone significantly older person or was forced through violence ”, which therefore constitutes sexual assault or rape. According to a UN study published in September 2013, around 25 percent of men in the Asia-Pacific region admit to having raped their partner or another woman at least once in their life. 10 percent said they had at least once assaulted a woman who was not their partner.
It is assumed that the number of unreported cases of rape is two to one hundred times as high as the number of reports to the police. Many victims do not file a complaint. The reasons given are feelings of shame and the victim's fear of reliving the trauma or revenge of the perpetrator, the fear that they will not be believed, and the closeness of the family environment from which the perpetrators often come.
Readiness to report
According to surveys, the willingness of victims to report the crime is low. Rape is one of the crimes the frequency of which is underestimated. Rape has one of the lowest conviction rates of any crime in the world. Rape women often do not report the crime to the police because they are socially branded as victims of rape. They bear the main burden in criminal proceedings. Other causes can be assumed problems of evidence, poor social status of the raped person, lack of social support and fear of the burden of the process. In the United States, two-thirds to three-quarters of all rapes remain in the dark. The "justice gap" (justice gap) was great: Of the reported rapes only 8 percent come to the indictment, 3 percent of the perpetrators brought to justice and 2 percent received a custodial sentence. The willingness to report falls as the degree of familiarity between offenders and victims increases.
The initiative # Ichhabnichtge Zeiten offers a wealth of explanations as to why there are no reports to the police. The reasons mentioned include a willingness to forget, defensive reactions from the social environment, the uncertain chances of success of a complaint and a low level of trust in the police and the judiciary, also due to bad experiences. “Victims are often not listened to, they are left alone and they are silenced by threatening them with hostility and marginalization if they make the sexual violence public. They would with an advertisement. " Sexual violence is often perpetrated by the more powerful against the less powerful. " Rape myths " play an essential role in the defensive reactions of the environment and the low chances of success of advertisements .
Increasing willingness to report internationally
Especially in Western countries is a long periods relatively synchronous crime decline , especially in violent crime and theft well documented. However, the frequency of rape, which is part of violent crime, changed less uniformly in different countries. The willingness of the victims to file a complaint increased everywhere. However, the periods of the increases were somewhat different in different countries.
In the USA, the reporting rates (the ratio of reported to actual cases) of violent, including sexual assault, rose somewhat in the 1970s and rose sharply from the mid-1980s. Crime rates (the ratio of ads to population size) have been falling in western countries since the early 1990s. In the United States, violent crime reports decreased by 27% between 1991 and 2005. However, when changes in willingness to report are factored in, the numbers of actual cases fell by 51%. Similar declines were found in England and Wales , as well as Scandinavia , where victimization studies are also carried out on a regular basis.
One reason for the increased willingness to report is the reduced tolerance of sexual violence and violence against women in general, at least in Western societies. As part of society, the police are also influenced by the changed culture. This increased their willingness to take such incidents seriously and register them as criminality - also to prevent public criticism.
The level of cultural tolerance for violence has changed at least since the 1960s. Incidents reported today may have been labeled undesirable, unfriendly, or unacceptable in the past, but not criminal. Examples are partnership conflicts or unwanted sexual contact in public. The criminologist Michael Tonry thinks that cultural change also affects the terms. If, in a victimization study in the 1960s, someone had been asked by their partner after a blow whether he or she had been the victim of an act of violence, the probability of saying no would have been greater than it is today.
Many sexual assault ratings have shifted. This also applies to rape and attempted rape by acquaintances, the husband, or women who are looking for a relationship. This is also a success of feminism in the 1970s and 1980s. Political movements tightened laws and changed the interpretation of existing laws. Since the late 1990s, media coverage has become increasingly victim-centered and moral.
Changes in reporting behavior, legal changes, an extended registration by the police and the changed social tolerance led to a significant increase in the number of cases compared to the actual incidents in the crime statistics of all developed countries.
According to German police statistics, 69,881 cases of crimes against sexual self-determination were reported in Germany in 2019, of which 9,426 cases of rape or severe sexual assault (a rate of 84.2 and 11.4 cases per 100,000 inhabitants, respectively). Experiments are included in these numbers. The clearance rate for rape was 84%, slightly higher than in previous years.
It should be mentioned here that the information is about the number of complaints, not the number of convictions. In 2017, 7,243 convictions for crimes against sexual self-determination and 479 for rape were passed in Germany. The conviction rates in rape trials are very low. In 2012, perpetrators were convicted in 8.4% of the cases, 20 years earlier the figure was 21.6%.
When it comes to the difference between the number of persons reported and the number of convicts, it should be borne in mind that the number of persons reported counts acts and the number of convicts counts heads, and for this reason alone the difference between the two measures is not insignificant. In addition, not everything that has been reported is cleared up, not everything cleared up is indicted and not everything accused is tried.
In the case of rape and sexual assault in partnerships, the victims are almost 100% female. In 2015, 331 women died in Germany as a result of intimate partner violence.
When interpreting the course over time, the cultural changes described above must be taken into account. These are the increasing willingness to report, the decreasing social tolerance of violence, tightening of laws and their interpretation. Particularly noteworthy is the tightening of sex criminal law in 2016 . The increase from 2017 is due to this as well as to an increased willingness to report due to the debate under the keyword “no is no” after the sexual assaults on New Year's Eve 2015.
In 2014, 556 rapes were reported in Switzerland (a rate of 6.8 per 100,000 inhabitants); the clearance rate was 81.1%.
In 2006 there were 46.5 rapes reported to the police for every 100,000 inhabitants in Sweden. This is the highest rate in Europe and around four times as high as in Germany. The Europe-wide comparative study by Jo Lovett and Liz Kelly names possible reasons for this, inter alia. a broader term rape as well as a more active position of the persons concerned in the process. As parties to the proceedings, they have the right to formulate their own applications and do not only have the role of a witness - such as B. in Germany, if no secondary lawsuit is or can not be filed. The intense public discussion of sexual violence in Sweden over the past few decades is seen as a further reason for the high willingness to report. The Swedish frequency numbers are not directly comparable with numbers from other countries and older Swedish numbers, because serial acts are now extrapolated into the statistics.
Based on data from the 1970s and 1980s, Japan had the lowest number of reported rape cases and the highest detection rates of any developed country. According to the UN, there were 2,357 rape cases in Japan in 2002, which corresponds to a rate of 1.85 per 100,000 population; for comparison, this rate was 10.44 in Germany and 32.99 in the USA over the same period. These figures are not comparable insofar as the Japanese sexual criminal law from 1907, which was valid until July 2017, required “violence” or “threat” as well as penile penetration, and only referred to female victims and the shame of women and girls prevented ads.
False accusations and suspicions
A study from 2010 evaluated the course of 100 criminal charges for rape. However, the investigation is not based on the attitudes of the officials, but evaluates the course of the proceedings according to a separate set of criteria. The tight result is that during the investigation up to the opening of the main proceedings, three percent false accusations were found and the criminal proceedings were discontinued in around 80 percent of the cases. In Europe, the value fluctuated between one and nine percent with an average of around six percent.
Klaus Püschel, the director of the Hamburg Institute for Forensic Medicine, which operates the largest German victim outpatient clinic, stated in 2009 that medical examinations revealed that 27 percent of those allegedly raped were sham victims who had inflicted their own injuries. In 33 percent of the cases, the offense could be proven by forensic medicine, in the remaining 40 percent the result of forensic medicine was not clear. According to Püschel, the tendency towards false accusations has risen considerably in recent years; previously it had been constant at five to ten percent for decades.
An investigation carried out on behalf of the UK Home Office in 2005 investigated 2,643 rape allegations. Of these, 8 percent were classified as false accusations by police officers. However, the research team found that many of these classifications violated the official criteria for determining false allegations and were based solely on the police officers' personal opinions. After a closer analysis and application of the home office guidelines, the proportion of false accusations fell to 3 percent. The researchers came to the conclusion that there is still a climate of distrust in the police towards rape victims and that the frequency of false accusations is overestimated. In addition, there is a tendency to mix false accusations with the withdrawals of advertisements, just as if there had been no sexual assault in these cases.
A study on rape, sexual assault and false accusations in Bavaria, with reference to the police crime statistics (PKS) for the year 2000, indicates a share of 7.4 percent of demonstrably false rape suspicions (140 of a total of 1894 incidents) leading to an investigation because of a feigned offense (according to § 145 d criminal Code) or § 164 of the criminal Code as making false accusations led. With a few exceptions, these were cases with clear evidence relating to these crimes. Even after the police investigation has been completed, cases that are still in question are usually reported to the public prosecutor for rape or sexual assault. According to the study, “[The] evidence of a pretense or false suspicion is mostly not to be provided because the alleged victim has not made a confession. Despite many inconsistencies in the testimony of witnesses and the existence of further criteria which call the credibility into question, ultimately the testimony of the alleged victim stands next to that of the accused; other personal or material evidence is usually not available with sufficient evidential value. In these cases, complaints are almost exclusively made for rape or sexual assault and not for pretending or false suspicion. [...] the employment rate according to § 170 II StPO by the public prosecutor [is] in the incidents reported as rape or sexual assault at well over 50 percent. The evidence is often poor, a "sufficient suspicion" against the accused cannot be justified after the investigation has been concluded, because uninvolved witnesses are usually missing as well as usable evidence of the crime. Therefore, apart from a few exceptions, there is also no report of pretending to be a criminal offense or false suspicion, even if in one or the other case there is a suspicion of the existence of one of these offenses. ”Medially well-known examples from German-speaking countries, in which after conclusion A false accusation was established during the criminal proceedings, including the miscarriage of justice about Horst Arnold , the miscarriage of justice about Ralf Witte and the Kachelmann trial . Celebrities such as Andreas Türck or Karl Dall were also accused of rape in the past and then acquitted. A false accusation like the judgment against Gina-Lisa Lohfink in 2016 can represent “a mockery and misleading of all women and men who are actually victims of a crime”.
Forcible copulation has been observed in many species of mammals, birds, insects, and fish. In Borneo orangutans , which - as the man - to the apes belong, even the majority of pairings will come by force into existence. Michael Schmidt-Salomon advocates considering socially ostracized behaviors such as rape from a sociobiological perspective as an evolutionary survival strategy. Not to legitimize it, but because it offers the opportunity to take effective countermeasures to curb such behavior.
In May 2005, the We Have Faces memorial was erected in Viktoriapark in Berlin-Kreuzberg to commemorate all women who were victims of rape. At the later site of the memorial, a woman was attacked and raped by two men in 2002. The statue is part of the action of the same name.
Religious and cultural aspects
The English-language term rape culture ( English rape 'rape' and culture 'culture' ) describes social milieus or societies in which rape and other forms of sexual violence are widespread and largely tolerated or tolerated.
Judaism and Christianity
In the Old Testament it is stated that a man who rapes an engaged girl in a place where screaming does not help her should be killed ( 5 Mos 22,25-27 EU ). Whoever rapes a girl who is not engaged should compensate the girl's father with 50 pieces of silver and marry the girl ( 5 Mos 22.28f EU ).
The coercion of women is one of the literary motives that have been found in world literature at all times , along with the related motives of stealing women and forced marriage . The Greek mythology knows the story of Persephone (Proserpina), which kidnapped by Hades will. The Old Testament had already included stories of rape, including the atrocity committed by the Benjaminites of Gibeah ( Ri 19 EU ), as well as the attack by the Benjamin tribe on the virgin daughters of the city of Silo ( Ri 21 EU ). The Roman myth of the robbery of the Sabine women is better known . Roman mythology also includes the story of Lucretia , the wife of a noble citizen who stabbed herself to death after being raped. Georgios Monachos reports similar things about St. Euphrasia of Nicomedia, who died during the time of the persecution of Christians in order to avoid rape by a Roman soldier and thus became a martyr for her moral convictions. This motif variant of suicide in the face of threatened rape can also be found in various works by later authors (examples: James Shirley : The Traitor , 1631; Gryphius : Catharina von Georgien , 1657; Fouqué : The Prince of Lithuania and the Brandenburg Nun , 1818). In other works the woman kills herself after the deed she has suffered ( Lohenstein : Ibrahim Sultan , 1673), in still others the woman is killed by her father because her innocence is even more valuable to him than her life ( Verginia legend; Castro : Cuánto se estima el honor , around 1623; Lessing : Emilia Galotti , 1772; Klinger : Aristodemos , 1790; Kleist : Die Hermannsschlacht , 1821).
Another variant of the motif is the revenge of the raped woman. In Greek mythology, Philomela presents her rapist Tereus with the dismembered and prepared limbs of his son for a meal. More often, however, it is the bridegroom or father of the raped person who seeks revenge ( Cervantes : La ilustre fregona ; Hugo : Le roi s'amuse , 1832; Verdi : Rigoletto , 1851). In Calderon's drama The Judge of Zalamea it comes to the complex loyalties a judge whose daughter was raped.
In Richardson's novel Clarissa (1748), in Jean Paul's novel Titan (1800–1803) and in Kleist's novella The Marquise of O .... (1808), the focus is on the consequences of rape in the form of pregnancy. In the latter work it is an unconscious woman who is raped; Something similar happens in Otto Ludwig's novella Maria (1843) and in Tieck's epistolary novel William Lovell (1895/96). In Schiller's tragedy Fiesco (1783) and in Alfred de Musset's drama Lorenzaccio (1834), rape - similar to the Lucretia and Verginia fabrics - gives rise to an uprising against despotism.
Until the 1980s, romanticized rapes were an integral part of the narrative in some subgenres of the trivial romance novel - especially in the Bodice Ripper novels of the 1970s, but also in EM Hull ( The Sheik , 1919) - because they gave it to the authors allowed to portray sexual acts in detail without having to characterize their main female characters as sexually initiating.
A more recent example of the treatment of rape is Alice Walker's novel The Color Purple (1982) about the development of a woman who was raped by her stepfather as a child and who only gradually discovered that she was a valuable person and that sexuality was not in always implies violence.
- Susanne Balthasar: The facts of rape and sexual coercion. A comparative view of German and Austrian law with a focus on the 20th century. Linz 2001, ISBN 3-85487-251-8 .
- Susan J. Brison: Raped. Me and the time after; Trauma and memory. Beck, Munich 2004, ISBN 3-406-52199-1 .
- Susan Brownmiller : Against our will. Rape and male domination. Fischer-Taschenbuch-Verlag, Frankfurt am Main 1991, ISBN 3-596-23712-2 .
- Daniel Gerber: Fifteen dollars for a life. Brunnen, Basel 2005, ISBN 3-7655-3843-4 .
- Katja Goedelt: rape and sexual coercion. Investigation of the Reality of Criminal Procedure. Göttingen Studies on Criminal Sciences, Volume 8. Göttinger Universitätsverlag, Göttingen 2010, ISBN 978-3-941875-28-9 ( online version ; PDF; 1.6 MB).
- Luise Greuel : Police interrogation of raped women. Beltz, Weinheim 1993, ISBN 3-621-27162-7 .
- Hilkje Charlotte Hänel: What is Rape? Social Theory and Conceptual Analysis. transcript, Bielefeld 2018, ISBN 978-3-8376-4434-0 .
- Susanne Heynen: Raped - the importance of subjective theories for coping processes after rape. Weinheim 2000.
- Jon Krakauer : The Shame of Missoula . Rape in the land of freedom. Piper, Munich 2016, ISBN 978-3-492-05756-1 .
- Christine Künzel (Ed.): Fornication - rape - rape. Definitions and interpretations of sexual violence from the Enlightenment to the present day. Campus, Frankfurt am Main 2003, ISBN 3-593-37291-6 .
- Peter M. Leuenberger: Rape myths in the literature from 1980-2000 on the subject of rape. Solothurn 2003.
- Regina Mühlhäuser : Conquests. Sexual violence and intimate relationships between German soldiers in the Soviet Union 1941–1945. Hamburger Edition, Hamburg 2010, ISBN 978-3-86854-220-2 .
- Rolf Pohl : The destruction of women as a subject. Power and sexuality as the driving forces behind male rape strategies in war . In: Gender Initiativkolleg of the University of Vienna (ed.): Violence and action power (= politics of gender relations . Volume 51 ). Campus Verlag, Frankfurt a. Main, New York 2012, ISBN 978-3-593-39781-8 , pp. 113-124 .
- re.ACTion: Antisexism_reloaded . Dealing with Sexualized Violence - A Handbook for Anti-Sexist Practice. Unrast, Münster 2015, ISBN 978-3-89771-301-7 .
- Mithu Melanie Sanyal : Rape. Aspects of a crime . Edition Nautilus , Hamburg 2016, ISBN 978-3-96054-023-6 .
- Brigitte Schliermann: rape in court. Konkret-Literatur-Verlag, Hamburg 1993, ISBN 3-89458-123-9 .
- Udo Steinhilper: Definition and decision-making processes in sexually motivated violent crimes. An empirical study of rape and sexual assault. Universitätsverlag Konstanz, Konstanz 1986, ISBN 3-87940-282-5 .
- Stefan Blaschke: The History of Rape: A Bibliography. A bibliography on the entire subject of sexual abuse
- Nhi Le : Rape is too often trivialized in films In: Jetzt.de , October 20, 2020, accessed on October 23, 2020
- Silvia Sanides: Evolutionary Biology. Why rape men. A new book sparked a dispute in the United States about the origin of sexual violence . In: Focus Online Knowledge . No. 9 , 2000.
- Sexual Violence. Human Rights Law and standards in the International Criminal Court. Amnesty International Publication, London 2008 ( Memento of 23 October 2013 in the Internet Archive ) (PDF; 407 kB)
- Council of Europe : Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence. ETS No. 210. ( Translations : de ) Istanbul, May 11, 2011.
- Tatjana Hörnle: Human rights obligations from the Istanbul Convention. An expert opinion on the reform of § 177 StGB. (PDF 0.4 MB) German Institute for Human Rights, Berlin, January 2015
- Ruth Becker, Beate Kortendiek: Handbook women and gender research. Theory, methods, empiricism (gender and society), VS Verlag 3rd edition 2010, ISBN 978-3-531-17170-8 , pp. 871 f.
- Domestic violence: women politicians demand more offers of help for women. In: FAZ. November 24, 2018, accessed April 24, 2019 .
- Thirty-third Criminal Law Amendment Act - Sections 177 to 179 StGB (33rd StrAndG) of July 1, 1997, Federal Law Gazette Part I 1997 number 45 of July 4, 1997, pages 1607-1608
- Last amendment by: Fiftieth Act amending the Criminal Code - Improving the Protection of Sexual Self-Determination of November 4, 2016, Federal Law Gazette 2016 I p. 2460 .
- BMJV | Current legislative process | Law amending the Criminal Code - improving the protection of sexual self-determination. Retrieved December 5, 2017 .
- Tatjana Hörnle : The law to improve the protection of sexual self-determination. NStZ 2017, pp. 13–21 (14)
- Tatjana Hörnle: The law to improve the protection of sexual self-determination. NStZ 2017, pp. 13-21 (19)
- BGH, decision of March 24, 2020, file number 4 StR 549/19 , paragraph (Rn.) 5–6 = NStZ-RR 2020, 211, beck-online
- BGH, decision of June 5, 2018, file number 2 StR 170/18 Rn. 6
- General for standard examples: Kristian Kühl in: Lackner / Kühl, 29th edition 2018, StGB § 46 marginal number 11
- Joachim Renzikowski in: Munich Commentary on the Criminal Code, 3rd edition 2017, § 177 Rn. 142
- Martin Heger in: Lackner / Kühl, 29th edition. 2018, StGB § 177 Rn. 1.
- BGH, decision of December 4, 2018, file number 1 StR 546/18 Rn. 7 = NStZ 2019, 407, beck-online
- Martin Heger in: Lackner / Kühl, StGB, 29th edition 2018, § 177 Rn. 22
- BGH, decision of December 17, 1999, file number 3 StR 524/99 = NStZ 2000, 254, beck-online
- BT-Drs. 13/2463 p. 7, quotation: "But penetration with objects can also represent an equally burdensome and degrading behavior that falls under the second rule example" and BT-Drs. 13/7324 p. 6
- Joachim Renzikowski in: Munich Commentary on the Criminal Code, 3rd edition 2017, § 177 Rn. 144
- BGH, decision of September 24, 2018 5 StR 358/18 = NStZ 2019, 275, beck-online
- Theo Ziegler in: BeckOK StGB, v. Heintschel-Heinegg, 46th edition, as of May 1, 2020, § 177 Rn. 48
- Martin Heger in: Lackner / Kühl, StGB, 29th edition 2018, § 177 Rn. 24
- all versions of § 78b StGB at lexetius
- rape Judgment on criminal law in a European comparison - Elaboration - WD 7 - 307/07 Completion of the thesis: 28.01.2008
-  "Who a woman ..."
-  "Anyone who is a girl under sixteen ..."
- § 175a StGB at Lexetius in the version from September 1, 1935 to September 1, 1969
- § 176 StGB at Lexetius in the version from September 1, 1969 to November 1973
- § 178 StGB at Lexetius in the version from November 1973 to July 5, 1997
- Sexual Abuse of Minors: Necessary Reforms in the Criminal Code , Prof. Dr. Tatjana Hörnle / Stefan Klingbeil, LL.M. (Yale) / Katja Rothbart, page 28/29
- Regina-Maria Dackweiler and Reinhild Schäfer (eds.): Violence relationships: feminist perspectives on gender and violence . Campus publishing house , Frankfurt a. M. 2002, ISBN 3-593-37116-2 , p. 107 f.
- Jörg Rudolph: Rape in marriage. A contribution to the discussion about the amendment of § 177 StGB (rape) from a historical and legal-political point of view. Diploma thesis, University of Applied Sciences Frankfurt am Main, 1997.
- The older gentlemen are acting hard . In: Der Spiegel , June 29, 1987.
- Women: Always available . In: Der Spiegel , April 18, 1988.
- Margrit Gerste: Finally: Marital rape will in future be considered a crime . In: Zeit Online , May 16, 1997.
- Minutes of the plenary session 13/175 . German Bundestag, Stenographic Report 175th Meeting Bonn, May 15, 1997 (Agenda Item 8, from p. 15785, voting results from p. 15798)
- Katja Goedelt: Rape and sexual coercion. Investigation of the reality of criminal proceedings , (Göttingen Studies on Criminal Sciences, Vol. 8), Univ.-Verl. Göttingen 2010, ISBN 978-3-941875-28-9 , p. 3 f.
- Second law amending the provisions of the law on compensation of damages of July 19, 2002 Link to the text and greening of the law at dejure.org
- RIS - BGBLA_2019_I_105 - Federal Law Gazette authentic from 2004. Retrieved on December 25, 2019 .
- Lisa Lindquist Dorr: White Women, Rape, and the Power of Race in Virginia, 1900-1960. University of North Carolina Press, 2005, ISBN 978-0-8078-6344-2 ( limited preview in Google Book Search).
- todesstrafe.de Table of offenses for the Kingdom of Saudi Arabia
- Isl-QA: Jurisprudence and Islamic Rulings: 72238
- Five Saudis beheaded for murder and rape of a child. (No longer available online.) Derwesten.de, October 31, 2007, archived from the original on October 31, 2008 ; accessed in 2007 .
- Netzeitung ( Memento from March 15, 2012 in the Internet Archive )
- Isl-QA_Jurisprudence and Islamic Rulings> Felonies
- Saudi rape victim's husband blames judge for punishment . cnn.com
- New York Times
- Brottsbalk, Chapter 6
- Belles Lettres Sprachmagazin ( Memento of October 13, 2015 in the Internet Archive )
- dict.cc | sexuellt ofredande | Swedish-German dictionary
- K. Pfannkuch: The uprising of the Arab women. In: Zeit Online. December 5, 2012, accessed December 5, 2012 .
- http://www.independent.co.uk/news/world/middle-east/jordan-rape-law-vote-repeal-rapists-punishment-marry-victims-womens-rights-sexual-assault-violence-a7870551 .html
- badische-zeitung.de , Abroad , November 21, 2016, Jürgen Gottschlich: Turkey: Government plans problematic abuse law (November 24, 2016)
- badische-zeitung.de , comments , November 23, 2016, Annemarie Rösch: Woman power works (November 24, 2016)
- Lawrence A. Greenfeld: Sex offenses and offenders: An analysis of data on rape and sexual assault. (PDF; 219 kB) (No longer available online.) Bureau of Justice Statistics, Washington, DC, 1997, p. 1 f , archived from the original on March 5, 2013 ; Retrieved on July 29, 2012 (English): “Overall, an estimated 91% of the victims of rape and sexual assault were female. Nearly 99% of the offenders they described in single-victim incidents were male. "
- Howard N. Snyder: Sexual assault of young children as reported to law enforcement: Victim, incident, and offender characteristics. ( Memento from January 18, 2012 in the Internet Archive ) (PDF; 131 kB) US Department of Justice, Washington, DC, 2000, pp. 1, 4 and 8.
- Living situation, safety and health of women in Germany (PDF; 8.3 MB). Representative study on behalf of the Federal Ministry for Family Affairs 2004, p. 79.
- India: Police Free Victims of Group Rape , Spiegel Online , February 8, 2012.
- Thousands of Indians protested after rape. In: orf.at. July 19, 2014, accessed on July 19, 2014 : "After the death of a 23-year-old student as a result of gang rape in December 2012, India repeatedly made a name for itself with serious sexual crimes."
- Till Fähnders: Late revenge for India's daughters. In: Frankfurter Allgemeine Zeitung , April 24, 2018, p. 4.
- Claudia Bröll: Outcry in South Africa , FAZ March 8, 2013
- Sexual violence in South Africa. Girl from Cape Town dies after being raped, Süddeutsche Zeitung February 10, 2013
- Lara Stemple: Male Rape and Human Rights. (PDF; 262 kB). In: Hastings Law Journal 60, No. 1, 2009, pp. 605-647.
- SEXUAL COERCION: Young men's experiences as victims and perpetrators. (PDF; 248 kB) (No longer available online.) WHO , June 2004, archived from the original on June 13, 2009 ; accessed on November 9, 2011 .
- Ulfert Boehme: Phychodynamics of sexually abused men. In: Dirk Bange, Wilhelm Körner (Hrsg.): Concise Dictionary Sexual Abuse. Göttingen 2002, p. 475.
- Neil Andersson, Ari Ho-Foster: 13,915 reasons for equity in sexual offenses legislation: A national school-based survey in South Africa. (PDF; 230 kB) International Journal for Equity in Health, July 27, 2008, accessed on October 28, 2011 .
- Hans Joachim Schneider: Rape . In: ders. (Ed.): Internationales Handbuch der Kriminologie . 2nd volume. De Gruyter Law, Berlin 2009, ISBN 978-3-89949-131-9 , pp. 824, 834.
- Hans Joachim Schneider : Gruppenvergewaltigung, in: Hans Joachim Schneider (Hrsg.): Internationales Handbuch der Kriminologie. Special Problems in Criminology Volume 2, De Gruyter 2009, ISBN 978-3-89949-131-9 , pp. 821, 822
- Renate Dieregsweiler: War - Rape - Asylum , Pro-Universitate-Verl, Sinzheim 1997, ISBN 3-930747-96-0 , pp. 21, 22.
- TO Groth, HJ Birnbaum: Men who rape. The Psychology of the Offender. Plenum Press, New York 1979.
- Group rape as in Velbert is not an isolated case , WDR, June 13, 2018.
- Christa Paul: Forced prostitution: state-built brothels during National Socialism. Edition Hentrich, 1994.
- Die Zeit : Forced prostitution in a concentration camp
- Süddeutsche Zeitung : Himmler's forced prostitutes. ( Memento of January 28, 2010 in the Internet Archive ) October 9, 2008.
- Ilko-Sascha Kowalczuk, Stefan wool: Red star over Germany: Soviet troops in the GDR. Berlin 2001, pp. 35–39, here p. 38.
- Susanne Babila: In the shadow of evil. The war against women in the Congo. TV documentary by SWR, in collaboration with Arte, 2007.
- Tagesschau.de: rape as a weapon (tagesschau.de archive)
- Amnesty International: Rape as a weapon of war in Darfur. ( Memento of March 4, 2016 in the Internet Archive ) July 19, 2004.
- Study: Rape Victims in Conflict Zones Mostly Children. Reuters , accessed April 13, 2013 .
- Gendercide Watch: Genocide in Bangladesh, 1971. In: gendercide.org. February 22, 1971. Retrieved November 25, 2018 .
- Gerhard Klas: The bloody birth of Bangladesh. from March 25, 2011, SWR2. accessed on November 25, 2018
- Samuel Totten, William Spencer Parsons: Centuries of Genocide. Routledge, 2013, ISBN 978-0-415-87191-4 , p. 257.
- Dominic Johnson: Secretary of State for Rape . In: taz . June 25, 2011, ISSN 0931-9085 , p. 2 ( online [accessed April 18, 2014]).
- Rwanda: First woman behind bars for genocide for life. In: Spiegel Online . June 24, 2011, accessed April 18, 2014 .
- Andreas Zumach : Rape now war crimes . In: taz . June 21, 2008, ISSN 0931-9085 , p. 8 ( online [accessed April 18, 2014]).
- Security Council Resolution 1888. In: peacewomen.org. Retrieved April 24, 2019 .
- UN wants to prosecute rapists. In: n-tv. April 24, 2019, accessed April 24, 2019 .
- Michelle Kosinski, Eli Watkins ,: US successfully removes 'sexual health' references from UN resolution on sexual violence. In: CNN. April 23, 2019, accessed April 24, 2019 .
- UN resolutions . Gunda Werner Institute.
- Lindsay Stark, Mike Wessells: Sexual Violence as a Weapon of War. ( Memento of June 13, 2009 in the Internet Archive ) PDF; 248 kB. In: The Journal of the American Medical Association. 308, No. 7, 2012, pp. 677-678. doi: 10.1001 / jama.2012.9733
- Cassandra Clifford: Rape as a Weapon of War and it's Long-term Effects on Victims and Society. 7th Global Conference Violence and the Contexts of Hostility, 2008. ( PDF; 94.5 kB ( Memento from December 2, 2012 in the Internet Archive ))
- UNESCO World Education Report: Armed Conflict and Education . Federal Agency for Civic Education, February 2011.
- Violence against women . Federal Agency for Civic Education, November 2011.
- Resolution 1888 (2009) of September 30, 2009 .
- Rita Schäfer: Warlike masculinity . From politics and contemporary history (APuZ 46/2009), Federal Agency for Civic Education.
- Civil war in South Sudan: rape women instead of pay. Zeit online, March 11, 2016, accessed March 11, 2016 .
- South Sudan: UN report contains “searing” account of killings, rapes and destruction. UNHCR, March 11, 2016, accessed March 11, 2016 .
- Working Group Political Psychology: The Destruction of Women as a Subject on YouTube , January 14, 2017, accessed on August 6, 2020 (Seventh part of Rolf Pohl's final lecture on January 12, 2016 at Leibniz Universität Hannover with the title Violence, Gender, Politics. Psychoanalytical-social-psychological perspectives ).
- Uwe Schmitt : Wounds for which nobody awards medals . In: The world . No. 45 , February 23, 2013, ISSN 0173-8437 , p. 45 ( online [accessed on February 23, 2013] online title: "Women serve here to be screwed").
- Sven-U. Burkhardt: Rape as a crime against humanity (= Bremen research on criminal policy. Volume 4). Lit, Münster 2005, ISBN 3-8258-7162-2 , pp. 46, 60, 67.
- Celebici case: the Judgment of the Trial Chamber - press release. United Nations International Criminal Tribunal for the former Yugoslavia , November 16, 1998, accessed March 9, 2013 . "Čelebici Camp" (IT-96-21) - case information sheet. (PDF; 169 kB) United Nations International Criminal Tribunal for the former Yugoslavia , 2008, accessed on March 9, 2013 (English). Daphné Lucas: The Development of Women's Rights in Armed Conflicts through the Jurisprudence of the International Courts of Justice (PDF; 75 kB). Heinrich Böll Foundation, Gunda Werner Institute (Ed.) 2008, p. 6.
- MM Holmes, HS Resnick, DG Kilpatrick, CL Best: Rape-related pregnancy: estimates and descriptive characteristics from a national sample of women. In: American Journal of Obstetrics and Gynecology . Volume 175, Number 2, August 1996, pp. 320-324, PMID 8765248 .
- Hans Joachim Schneider (Ed.): Internationales Handbuch der Kriminologie, Volume 2: Particular Problems of Criminology, De Gruyter 2009, ISBN 978-3-89949-131-9 , pp. 841 f.
- A. Abbey, R. Beshears, AM Clinton Sherrod, P. McAuslan: Similarities and differences in women's sexual assault experiences based on tactics used by the perpetrator. In: Psychology of Women Quarterly. Volume 28, 2004, pp. 323-332.
- Christine Brand : A crime in private. Neue Zürcher Zeitung , June 13, 2010, accessed on June 14, 2010 .
- Study on rape trials. More cases, fewer judgments Tagesschau.de, April 17, 2014
- Sexual criminal law is "not effective". Women lawyers call for criminal law reform , tagesschau.de, May 12, 2014 ( Memento from May 12, 2014 in the Internet Archive )
- P. Wetzels, C. Pfeiffer: Sexualized violence against women in public and private space. In: Materials on women's politics. Volume 48. BMFSFJ, Bonn 1995.
- DG Kilpatrick, CL Best: Sexual assault victims: data from a random national probability sample. 36th Annual Meeting of the Southeastern Psychological Association, Atlanta (Georgia) 1990.
- Dirk Bange: Extent. In: Dirk Bange, Wilhelm Körner (Hrsg.): Concise Dictionary Sexual Abuse. Göttingen 2002, pp. 20-25.
- Rachel Jewkes, Emma Fulu, Tim Roselli, Claudia Garcia-Moreno: Prevalence of and factors associated with non-partner rape perpetration: findings from the UN Multi-country Cross-sectional Study on Men and Violence in Asia and the Pacific. In: The Lancet Global Health. Volume 1, Issue 4, 2013.
- HJ Schneider: Criminology of violence. Hirzel Verlag, Stuttgart / Leipzig 1994.
- H. Feldmann: Rape and its psychological consequences. In: Forum of Psychiatry. Volume 33. Ferdinand Enke Verlag, Stuttgart 1992.
- D. Finkelhor, K. Yllo: Rape in marriage: A sociological perspective. In: J. Heinrichs (Ed.): Rape - the victims and the perpetrators. Gerd J. Holtzmeyer Verlag, Braunschweig 1986, pp. 65-75.
- Susanne Heynen: Rape. In: Dirk Bange, Wilhelm Körner (Hrsg.): Concise Dictionary Sexual Abuse. Göttingen 2002, pp. 697-705.
- Hans Joachim Schneider: Rape. In: ders. (Ed.): Internationales Handbuch der Kriminologie. Volume 2. De Gruyter Law, 2009, ISBN 978-3-89949-131-9 Chapter pp. 813–816, available from Google Books
- Daniela Oerter, Sabina Lorenz, Inge Kleine: Evaluation of the social media campaign #ichhabnichtge Zeiten. May 1, 2012 - June 15, 2012. ( Memento from March 25, 2016 in the Internet Archive ) (PDF; 742 kB) accessed on March 11, 2016
- Michael Tonry: Why Crime Rates Are Falling Throughout the Western World, 43 Crime & Just. 1 (2014). P. 5.6 , accessed on June 6, 2019 .
- Michael Tonry: Why Crime Rates Are Falling Throughout the Western World, 43 Crime & Just. 1 (2014). P. 7 , accessed on June 6, 2019 (English).
- Michael Tonry: Why Crime Rates Are Falling Throughout the Western World, 43 Crime & Just. 1 (2014). P. 8 , accessed on June 6, 2019 (English).
- Michael Tonry: Why Crime Rates Are Falling Throughout the Western World, 43 Crime & Just. 1 (2014). P. 48 , accessed on June 6, 2019 (English).
- Police crime statistics 2019 - time series overview of case tables. (xlsx; csv) Federal Criminal Police Office, accessed on March 30, 2020 .
- https://www.zeit.de/gesellschaft/zeitgeschehen/2014-04/studie-vergewaltigung-vergleich-verendung , accessed on November 17, 2019.
- Federal Criminal Police Office: Violence in couple relationships, press conference of November 22, 2016.
-  , accessed on September 25, 2017.
- Police crime statistics (PKS) annual report 2014 ( Memento from March 10, 2016 in the Internet Archive )
- Jo Lovett, Liz Kelly: Different systems, similar outcomes? Tracking attrition in reported rape cases across Europe. (PDF; 4 MB) In: Child and Women Abuse Studies Unit, London. London Metropolitan University , 2009, pp. 93-101 , accessed March 11, 2016 ( ISBN 978-0-9544803-9-4 ).
- Lara Blume, Kilian Wegner: Reform of § 177 StGB? - On the compatibility of the German sexual criminal law with Art. 36 of the "Istanbul Convention" In: HRRS Aug./Sept. 2014, , accessed March 11, 1996.
- Ruth Alexander: Sweden's rape rate under the spotlight BBC News September 15, 2012, accessed March 11, 2016.
- Sabine Kräuter-Stockton: § 177 StGB - criticism and suggestions for improvement in comparison with the regulations in Norway, Sweden and England / Wales. In: djbZ 2013 issue 2, 16th year, Deutscher Juristinnenbund eV (djb) 2013, , accessed on March 11, 2016.
- Federal Criminal Police Office (Germany) : Guidelines for keeping police crime statistics as of 01/01/2014. Status: 04/14/2014. ( Memento of March 30, 2016 in the Internet Archive ) (PDF; 160 kB), accessed on March 11, 2016.
- Pornography, Rape and Sex Crimes in Japan , by Milton Diamond, Ph.D. and Ayako Uchiyama Published: International Journal of Law and Psychiatry 22 (1): 1-22. 1999.
- Eighth United Nations Survey of Crime Trends and Operations of Criminal Justice Systems, covering the period 2001-2002. (PDF) United Nations Office on Drugs and Crime , p. 40 , accessed March 25, 2012 .
- No does not always mean no elsewhere either. In: sueddeutsche.de. May 3, 2016, accessed June 26, 2018 .
- Corinna Seith, Joanna Lovett and Liz Kelly: Different systems, similar results? Prosecution of rape in 11 European countries . Country report Austria, London and others 2010, p. 6, Different systems, similar results? Prosecution of rape in eleven European countries ( December 20, 2013 memento in the Internet Archive )
- Liz Kelly: The (In) credible Words of Women: False Allegations in European Rape Research . In: Violence Against Women . 16, No. 2, 2010, pp. 1345-1355, here p. 135. doi: 10.1177 / 1077801210387748
- Ilse Lenz: The new anti-feminism. The Kachelmann case and the image of the male victim. In: Blätter für Deutsche und Internationale Politik, 7/2011
- Lies that one likes to believe . Die Zeit, 28/2011, 11 July 2011
- Liz Kelly, Jo Lovett, Linda Regan: A gap or a chasm? Attrition in reported rape cases ( Memento from February 28, 2005 in the Internet Archive ) (PDF; 647 kB). Home Office Research Study 293, 2005.
- Erich Elsner, Wiebke Steffen: Rape and sexual coercion in Bavaria. Victim risk, victim and suspect behavior, police investigations, judicial execution , 1st edition. Bavarian State Criminal Police Office, Munich 2005, ISBN 3-924400-16-4 . PDF page 177f / chap. 6.2
- Erich Elsner, Wiebke Steffen: Rape and sexual coercion in Bavaria. Victim risk, victim and suspect behavior, police investigations, judicial execution , 1st edition. Bavarian State Criminal Police Office, Munich 2005, ISBN 3-924400-16-4 . PDF page 157 / chap. 5.1
- Karl Dall is not alone at 20min.ch
- "Mockery of all who have actually become victims" Welt.de
- Garner, SR, Bortoluzzi, RN, Heath, DD & Neff, BD Sexual conflict inhibits female mate choice for major histocompatibility complex dissimilarity in Chinook salmon . Proceedings: Biological Sciences 277, 885-894 (2010).
- Cheryl Denise Knott, Melissa Emery Thompson, Rebecca M. Stumpf and Matthew H. McIntyre Female reproductive strategies in orangutans, evidence for female choice and counterstrategies to infanticide in a species with frequent sexual coercion . 07 January 2010, Volume 277, Issue 1678.
- Michael Schmidt-Salomon : Hope man. A better world is possible. , Piper Verlag, Munich 2014, p. 94.
- - ( Memento from June 30, 2015 in the web archive archive.today ) Reference memorial
- See: George Ritzer, J. Michael Ryan (Eds.): The Concise Encyclopedia of Sociology. Blackwell Publishing, 2011, ISBN 978-1-4051-8353-6 , pp. 493f.
- Alex Thio, Jim Taylor: The Rape Culture. In: dies .: Social Problems. Jones & Bartlett Publishing, 2011, ISBN 978-0-7637-9309-8 , pp. 162f.
- Sujata Moorti, Lisa M Cuklanz: Local Violence, Global Media. Feminist Analyzes of Gendered Representations. 2nd Edition. Peter Lang Verlag, New York 2009, ISBN 978-1-4331-0277-6 , p. 164 f.
- Elisabeth Frenzel : Motives of world literature. A lexicon of longitudinal sections of the history of poetry (= Kröner's pocket edition . Volume 301). 5th, revised and supplemented edition. Kröner, Stuttgart 1999, ISBN 3-520-30105-9 , p. 172.
- J. Hack: Christian picture circle . Ms. Hurter, Schaffhausen 1856, p. 306 ( limited preview in Google Book search). Elisabeth Frenzel: Motifs of world literature. A lexicon of longitudinal sections of the history of poetry , Kröner, Stuttgart, 5th edition, 1999, ISBN 3-520-30105-9 , pp. 174f
- deutschlandfunk.de , Andruck - Das Magazin für Politische Literatur , November 21, 2016, Christiane Florin : Narrative of Violence: About the Cultural History of Rape (November 24, 2016)