The amendment to the law focuses on the extension of the existing offenses of rape and sexual assault. Under the old law, these offenses were only fulfilled if the victim was coerced into sexual acts, i.e. if the perpetrator threatened them, used violence, put them under psychological pressure or made them unable to resist. These requirements no longer apply.
No means no
Rape is now considered to have occurred if the victim shows through words or gestures that they do not want the sexual act and the perpetrator deliberately disregards the expressed will of the victim. In this way, the so-called refusal solution (“no means no solution”) is implemented. In addition to words or gestures, a possible state of shock is also recognized as a sign of rejection. If the perpetrator has recognized such a state of shock, they can now also be punished for rape or sexual assault.
Extension of the offense of rape
In addition to the existing offense of sexual assault, the variant of sexual assault was added.
Sexual assault is defined as the performance of a sexual act against the will of a person. As with the offense of rape, it is now sufficient for sexual acts to be carried out against the victim’s will. Here too, words and gestures, but also the victim’s state of shock, if recognized by the perpetrator, are considered defensive acts. In contrast to rape, sexual assault does not require sexual intercourse or an act similar to sexual intercourse that involves penetration of the body, but “merely” sexual acts in order for the offense to be fulfilled.
Stealthing
Stealthing is now also a criminal offense. This occurs when a sexual act is consensual, but one person secretly removes the condom without the consent of the other person or does not use one from the outset.
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