Comments | talk_politics: Rape, German style

ddstory in talk_politics

Rape, German style

Jul 07, 2016 09:29

The lower chamber of the German parliament is expected to vote on a new bill that would expand the legal definition of what constitutes rape, to make it include cases of just saying "No", like it is in most of the rest of the developed world.

It has become patently obvious in recent months that this is urgently necessary, because the wave of rapes ( Read more... )

law, germany, crime

Comments 7

luvdovz July 7 2016, 06:31:56 UTC

Sweden might have to deal with a similar problem, and just as urgently.

johnny9fingers July 7 2016, 18:47:28 UTC

Even the most enlightened and civilised of nations can overlook things. Legislation is a complex thing built on history and culture, sometimes some executives fall behind on some things because they concentrate on other, at the time considered more urgent, measures. And slowly they slide into some less than optimal situation. As usual these issues become addressed when they rear their ugly heads above the parapet.
My guess is that general outrage will force through legislative amendments pretty damn quickly. And if the same problem exists in Sweden I'd bet they get it sorted pronto too. And just in this I would prefer to be right rather than otherwise.

htpcl July 7 2016, 21:08:39 UTC

But, but, what would happen if we start changing laws just because the people demand so? THINK OF THE CONSTITUTION!!!1!1

johnny9fingers July 7 2016, 21:54:51 UTC

I know...
But on a more realistic note I wouldn't have thought that the German constitution would need amending to change the law in this case. Germany is a signatory to the ECR and the Council of Europe. It's present rape laws may be in contravention of a general set of principles held by either or both of those bodies, in which case the sooner it is either tested or amended for the modern world the better.

johnny9fingers July 8 2016, 09:13:32 UTC

And right on cue...

https://www.theguardian.com/world/2016/jul/07/german-mps-back-stricter-rape-laws-after-cologne-attacks

nairiporter July 8 2016, 10:35:40 UTC

As it so often happens, we learn of an event first from this forum. Even before the event has happened. :-)

johnny9fingers July 8 2016, 13:51:37 UTC

Knowing the executive processes helps though.

All legislatures fall behind on keeping laws consistent with modern interpretations of right and proper. And if they have to repeal or pass new law they have to timetable it. And everyone individual's favourite cause célèbre is obviously more important than repealing or amending an outdated law when it comes to timetabling...until something happens and the tools for dealing with the situation are not in place. And then there's an emergency panic reaction leading to draconian knee-jerk policies which have to be amended themselves over the years because of their undue harshness and palpable injustice. Though just sometimes the legislators restrain themselves and take a good hard look at the problem and then deliver a law update dealing with the problem which has fewer bugsOf course I simplify and exaggerate for effect: most executives have an overworked Standing Committee which deals with archaic and outmoded legislation. They never have enough time to schedule all the changes they need to ( ... )