'不' 就是 '不'！德国议会通过性犯罪新法

choi

德国之声, July 7, 2016
http://www.dw.com/zh/%E4%B8%8D%E ... E6%B3%95/a-19385901
("按照没有修改的旧法，只有受害者奋力反抗，或者肇事者使用暴力以及威胁言语，只有在上述情况下发生的性交才是法律意义上的强奸。如果受害女性只是请求男性住手，或者哭泣求饶，根据现行法律，都不能判男方有罪。男性未经同意在女性的胸部及臀部摸索，可以完全不受处罚")

Note:
(a) "德国却签署了《国际伊斯坦布尔公约 [Istanbul Convention]》，该公约规定，所有未得到双方一致同意的性接触都必须受到惩罚，而这一基本原则也可以表达成 ' "不" 就是 "不，" ' 不过，德国议会并没有通过 [ratify] 这个公约"
(i) Convention on Preventing and Combating Violence Against Women and Domestic Violence
https://en.wikipedia.org/wiki/Co ... d_domestic_violence
(Council of Europe [CoE]; signed in Istanbul on May 11, 2011, and has been ratified by 22 nation members of CoE (but not by Germany or UK) )
(ii) Council of Europe
https://en.wikipedia.org/wiki/Council_of_Europe
(Founded in 1949, it has 47 member states; is distinct from the 28-nation European Union (EU), although it is sometimes confused with it, partly because the EU [actually its immediate predecessor European Economic Community (EEC), in 1985] has adopted the original European Flag [also known as Flag of Europe] which was launched by the Council of Europe in 1955)

(b) Convention on Preventing and Combating Violence Against Women and Domestic Violence has two official text in two languages: English and French. Here is the English version, with the releant portion quoted.

http://www.coe.int/en/web/conven ... ms/090000168008482e
("Article 36 – Sexual violence, including rape
1  Parties [member states] shall take the necessary legislative or other measures to ensure that the following intentional conducts are criminalised:
a  engaging in non-consensual vaginal, anal or oral penetration of a sexual nature of the body of another person with any bodily part or object;
b  engaging in other non-consensual acts of a sexual nature with a person")

(c)
(i) Soraya Sarhaddi Nelson, In Germany, Lawmakers Pass 'No Means No' Law For Cases Of Rape. NPR, July 7, 2016
www.npr.org/sections/parallels/2 ... w-for-cases-of-rape

three consecutive paragraphs:

"Activists say it took years of campaigning and a few notorious cases to encourage German politicians to act — including a recent case involving a former contestant on Germany's Next Topmodel TV show.

"Gina-Lisa Lohfink, 29, is in court appealing a nearly $27,000 fine for 'falsely testifying' by accusing two men of drugging and raping her in 2012. She filed the rape complaint after discovering a video of their encounter the men had uploaded to the Internet, but she told police she had blacked out after someone spiked her drink and couldn't recall the attack.

"German media widely reported that the online video showed Lohfink saying 'Stop it' and 'No.' (The video has been taken down.) The alleged assailants, who claimed Lohfink was drunk and had engaged in consensual sex with them, were cleared of wrongdoing.

* There is no need to read the rest of this report.
(ii) Erik Kirschbaum, A German Rape Case with Overtones of Stanford and a Twist: Accuser Is Fined over Her Testimony. Los Angeles Times, June 16, 2016
www.latimes.com/world/europe/la- ... 616-snap-story.html
("The appeal will be heard June 27")

* The account is more or less similar as in (i), except that "she had had sex with the night before" with one of the two men at issue.
* No English-language news report says what happens during or after June 27, presumably because the Germany court will take time, not handing down a decision on the spot.
(iii) Anna Silman, Why Germans Are So Angry About This Rape Case. New York Magazine, June 21, 2016 (blog)
http://nymag.com/thecut/2016/06/gina-lisa-lohfink-rape-case.html

(d) "The new law is intended to cover 'the actual situations in which most attacks occur,' Justice Minister [Heiko] Maas said.  These include cases in which the victim is taken by surprise, intimidated or threatened with other violence, for example in an abusive relationship, or is unconscious."  Australian Broadcasting Corp (ABC; state-owned), July 7, 2016.
(e) "German laws, regulations, and court decisions are published only in German, both at the
state and federal level."  US Library of Congress.
(f) In contrast:

California's "yes means yes" law applies to (both public and private) colleges (as well as) their students only, not general public. Its textL

Senate Bill No 967.
https://leginfo.legislature.ca.g ... l_id=201320140SB967
("In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall adopt a policy * * * An affirmative consent standard in the determination of whether consent was given by both parties to [any step of a] sexual activity. “Affirmative consent” means affirmative, conscious, and voluntary agreement to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that he or she has the affirmative consent of the other or others to engage in the sexual activity. Lack of protest or resistance does not mean consent, nor does silence mean consent. Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never by itself be assumed to be an indicator of consent")