Christoph Keller ,. Alison Gallup Translator. Christoph Keller Editor ,. Glen Rubsamen Goodreads Author Artist.
Matthew Licht. John Peter Nilsson. Christoph Keller Contributor. Christoph Keller. Christoph Keller Illustrations. Christoph Keller Contributor ,. Giovanni Carmine. Markus Landert Editor. Rape: If an act of sexual assault within the meaning of sec. An invasion of privacy also exists if pictures from the most personal, intimate sphere of life are prepared or transmitted with the consent of the person concerned, and the perpetrator knowingly makes them available to a third party without authorization, thus violating the privacy of the person portrayed.
Acquiescence precluding actus reus : If the victim has formed the volition to acquiesce, at least mentally [ innerlich ], and [the acquiescence? Justifying consent: If the victim has expressly, seriously and outwardly manifested the volition to acquiesce, the perpetrator has perceived that volition and acts on the basis of that consent, and the consent persists during the act. English-speaking Psychotherapist Dr. Mainz Legal Resources. These draft amendments still need to be co-ordinated with the other ministries involved and adopted by the Cabinet.
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Bringing those who traffic in human beings to justice is an indispensable part of combating the traffic in women. Practice shows that witness testimonies are the only way to achieve a court conviction of these offenders. The tendering of evidence is also made more difficult or even impossible if the victims of trafficking are immediately deported to their countries of origin because they are residing illegally in Germany. It is necessary, therefore, to grant women who are victims of the traffic in human beings a temporary stay of deportation of a minimum of four weeks.
This time will allow the criminal prosecution authorities and the specialized advisory services to work together with the affected woman to determine whether she would be an appropriate witness and whether she would be willing to make herself available to give testimony during the preliminary investigation and the trial itself. If she remains in Germany as a witness she will be granted a temporary suspension of deportation and the police, along with the specialized advisory services, will examine whether she needs to be included in a witness protection programme.
Should the woman in question not be available as a witness, the pre-deportation period can be used by the specialized advisory services to prepare the woman's safe return, for example by contacting non-governmental organizations in her country of origin. To this end, close co-operation between the offices for foreigners and the specialized advisory services is desirable.
A number of federal Laender already handle such cases in this manner and have obtained the necessary guarantee that they can continue to work in this way by means of cabinet decisions.
The Federal Government is looking into the request that this manner of proceeding be adopted on a national scale and is examining ways in which the following, in particular, can be facilitated:. At the same time, the federal Laender must ensure that during this pre-deportation period the affected women are placed in accommodations which correspond to their special needs and that they are protected.
Co-operation between state institutions and non-governmental assistance services. The problems faced in combating violence against women are extremely complex. This applies especially to the areas of domestic abuse and the traffic in women. Legal regulations alone do not suffice in these cases; instead, it is much more co-operation between the different authorities which are involved and the non-governmental assistance services which is needed.
These types of co-operation are in themselves processes which can only succeed if, among other things, the following basic prerequisites are met:. This type of co-operation for the effective combating of violence against women has no tradition in anti-violence work in Germany. It is only recently that the need for co-operation has been increasingly realized and that the willingness of the individual actors to get involved with the corresponding pilot projects has started to grow. Many reservations still exist, however, among all of the individual participants but most especially between the institutions and the non-governmental assistance projects.
It would be a mistake to underestimate these problems and both a competent go-between as well as a body responsible for supporting the co-operation process are necessary. What is important is that all of those involved recognize each other's expert competence and are prepared to learn from one another.
An effective strategy to combat domestic abuse requires, among other things, the co-operation of: the police, the criminal justice system, civil and family courts, lawyers, equal opportunities commissioners, youth offices, commissioners for foreigners' affairs, facilities providing support for women and facilities working with violent men.
Combating the traffic in women will require, among other things, co-operation between: the police, the public prosecutor's office, the courts, the offices for foreigners, the social welfare offices, the specialized advisory services, Laender ministries as well as the public authorities and non-governmental organizations of the countries of origin. These types of co-operation must take place continuously and must therefore be institutionalized.
They will need to be organized at different levels federal, Land, local in keeping with the various competencies. The following co-operation forms have already been established or are to be established at federal level:. The German Forum for Crime Prevention which is currently being set up, will be assuming this task.
On the basis of the overall strategy described in the present action plan, this working group will need to agree on the concrete demand for action, decide on the necessary measures and supervise their implementation. Another crisis intervention project, which for the first time will also be setting up the corresponding co-operation mechanisms for a larger Land, is also just starting off in Schleswig-Holstein.
The continuous scientific observation team which examines and compares these two crisis intervention projects on behalf of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth, will be describing the advantages and disadvantages of the various co-operation forms and approaches as well as the way in which they came about and then developed. The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth will be publishing and disseminating preliminary results at the beginning of the year The aim is to encourage, in as many federal Laender and local authorities as possible, the creation of such institutionalized forms of co-operation and crisis intervention centres.
It is the task of this working group to:. One of the working group's achievements has been the elaboration of proposals concerning the administrative regulations with respect to the Aliens Act as well as a co-operation concept for the protection of victim-witnesses in trials having to do with the traffic in human beings which is currently being discussed in the Conference of Ministers Responsible for Internal Affairs.
This special witness protection concept builds on institutionalized co-operation between the police and the specialized advisory services and is therefore an additional example of this type of co-operation. Furthermore, the Working Group on the Traffic in Women has been responsible for deciding on the content of the information material destined for distribution in the main countries of origin the pamphlets were translated, printed and distributed with the financial assistance of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth and has discussed the contents of a campaign against the traffic in women.
On the agenda for the future are topics such as:. In addition, co-ordinated co-operation between the authorities and specialized advisory services at home and abroad is of assistance in ensuring the safe return of foreign women to their home countries. The project is aimed at women from developing countries who are enticed into coming to Germany under false pretences and who, with no knowledge of the language, culture, and the law in force, have been subjected to violence here and have become dependent.
These women receive counselling and are prepared for their new beginning at home by means of targeted training measures and support in setting up businesses of their own. In order to do effective lobbying in favour of women who live under the threat of violence or experience violence, as well as to achieve better and faster transmission of information and a more focused and precise deployment of resources division of labour , it is useful to have the assistance services networked at national level.
Also bearing in mind the increase in international co-operation, it is useful to have central contact points in Germany. The increasing willingness of projects from the anti-violence field to network nationally is a new development which the Federal Government welcomes very much. In the light of the many and overlapping political measures which are necessary to combat violence against women, professional lobbyism - also directed towards the Federal Government, the Bundestag and the Bundesrat - is indispensable. After the women's shelters, the next step needs to be the nation-wide networking of the crisis hotlines and of the counselling centres against the traffic in women and violence in the migration process.
Within the framework of its possibilities, the Federal Government supports such nation-wide networking efforts by granting launching aid, which is limited in time, as well as by funding nation-wide networking meetings. At the end of , the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth plans to publish new further-training material for the employees of women's shelters. Up until now, it has been the women and children who have had to bear the primarily negative consequences, above all, of domestic abuse.
Society's reaction to this violence against women, too, had almost exclusively been focused on women; after all they must be helped, they must be protected. The solution was: women's shelters, crisis hotlines and women's counselling centres. On the other hand, however, up to now it is frequently only in exceptionally serious cases that the perpetrators have to reckon with reactions and sanctions from society; they are still rarely made to take responsibility for their acts.
The women's projects do not feel responsible for them - and justifiably so - and the State still continues to treat them less as offenders than as participants in a private family conflict. It must be borne in mind, however, that intensifying criminal prosecution also presupposes a certain type of behaviour on the part of the affected women with respect to the reporting of crimes to the police.
If this behaviour is to be elicited, they would require encouragement and support during the proceedings. Very few men seek counselling on their own. For them the problem - if they admit at all that there is one - lies with their wife, not with them. They therefore see no reason why they should actively do something about their violent behaviour of their own accord and, if necessary, seek outside assistance. The experience of the past 20 years has shown that the setting up of a network of women's shelters and counselling centres does not suffice to eliminate violence against women.
Nowadays, there is a growing conviction that a serious change in the way the perpetrators are treated is also necessary. The State must intervene to show them how wrongful their actions are. This new way of dealing with the perpetrators implies, among other things, that the State treats them as the criminals which they are: they must be subjected to preliminary investigations against them by the public prosecutor, and these must lead to a reaction on the part of the State.
In the area of civil law, steps must be taken to ensure that the affected women are sufficiently protected from the offenders. This can be achieved within the framework of the existing laws to protect women from violence and those which are in the pipeline, with the corresponding targeted co-operation of all centres which will have been trained appropriately beforehand. On the other hand, it also requires that, within the perpetrator himself, a process is initiated which is aimed at altering his violent behaviour.
If this does not happen, there can be little hope that the normal criminal penalties fines, prison sentences alone will be able to bring about any changes in the individual man's behaviour. Although the consistent implementation of the procedures will have an overall preventive effect, by demonstrating clearly that society will not condone such behaviour, it has, however, no special preventive effect on the future behaviour of an individual offender.
Consequently, perpetrator-oriented measures which aim to alter behavioural patterns need to be added to the array of indispensable measures which can be taken before the act alongside those which provide protection for the victims as they go through the process.
The law currently in force already gives the courts the possibility of imposing a suspended sentence combined with mandatory participation in a social training course. Participation in such a course can give the perpetrator the opportunity to develop an awareness of the problem, an awareness of right and wrong, a chance to learn to empathize with the victim and, finally, serve as an encouragement to take advantage of other services offered by counselling centres for men.
Such courses are sometimes also offered in juvenile correctional facilities. Special learning and training courses for violent partners were developed within the framework of the Berlin Crisis Intervention Project to Combat Domestic Abuse and are currently being tested in Berlin. The Federal Government is strongly supporting this new approach towards working with perpetrators.
The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth will be publishing Berlin's experience with the special courses for perpetrators at the beginning of the year so as to make them available for discussion. The protection of women against violence and the consistent prosecution of offenders can only be achieved if in the institutions and groups responsible:. Even the best laws will lead nowhere if they are not applied consistently in the spirit envisaged by the legislator.
The latter is not possible if the persons responsible for implementing them are not sufficiently aware:. Experience has shown that such training and further-training measures can be most effectively implemented if experts from the individual institutions collaborate with representatives from the non-governmental assistance services. If necessary, the above will have to be supplemented by special guidelines and instructions on how to act in given situations so that the implementing person can feel more secure about how to handle the situations with which they are confronted. Furthermore, there is a need to examine where special experts or units can be usefully deployed in Berlin, for example, a special unit of the public prosecutor's office was set up to deal exclusively with offences committed in the context of domestic abuse.
In the Working Group of the Federal Government and the Laender on the Control of Domestic Violence against Women, experience is shared and successful models are presented. The Federal Government supports activities by the Laender in this field, also through the publication of training materials and recommendations:.
Various federal authorities carry out training and instruction programmes in their area of competence. For example, the Federal Office for the Recognition of Foreign Refugees is providing its refugee status determination officers with special further training in gender-specific grounds for persecution; the Federal Criminal Police Office conducts seminars for officers charged with criminal investigations into the traffic in women and in co-operation between the police and the specialized advisory services; the Federal Foreign Office has trained its consular and diplomatic staff in issues regarding the traffic in human beings and prostitution tourism; and the Federal Academy for Public Administration has offered seminars on the Act on the Protection of Employees against Sexual Harassment at the Work Place.
Moreover, the Federal Government funds meetings of experts on the prevention of violence. In addition to this, the Federal Government will continue to support the conferences which have been organized since on this and related topics at the German Judges' Academy. Furthermore, the Federal Government provides indirect support for the development and testing of guidelines and instruction manuals by means of pilot projects such as the Berlin Crisis Intervention Project as well as through the targeted training of specialized personnel.
The Federal Government will be making available to all of the Federal Laender the materials developed and the experience gained in this context and will be recommending their application. In the process of increasing the awareness of individual professional groups, it is important not to neglect to increase the awareness of the general public. This type of public relations work includes:. In the area of violence against women, the Federal Government is currently planning the following measures to attract the public's attention:. This discussion also touched on the issue of violence against disabled girls and women.
To provide information on the benefits and services which it is possible to claim pursuant to the above Act, the Federal Ministry of Labour and Social Affairs publishes an information brochure entitled: "Assistance for the Victims of Violent Crimes" and distributes it to associations, public authorities and other interested parties.
This is the only way for the public to be made aware of the true extent of the problem. The Police Criminal Statistics, for example, currently contain no data on domestic abuse of women. In the course of the redesigning of the Police Criminal Statistics within the framework of the police information system "INPOL-neu", it is envisaged that additional data, apart from the age and gender of the victim, such as information on the relationship between the victim and the suspect, and the scene of the crime, be collected when recording cases since, when combined, they would be able to provide insights into the extent of domestic abuse.
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Since the Police Criminal Statistics only list criminal offences which come to the attention of the police, it can be assumed that the percentage of undetected crimes is high. This dark figure is to be investigated by means of a representative survey to be conducted along the same lines as a corresponding Canadian study on violence against women. A conference of experts on this subject was held in Berlin in A variety of public relations measures are intended to appeal to multipliers as well as parents, young people and children to embrace violence-free child-raising practices. Within the framework of such preventive measures, a mediation procedure for gender relations in enterprises and public authorities is to be tested over a number of years.
Germany has no experience in this area to date. Several enterprises and one public authority have expressed their willingness to introduce such a mediation procedure at their own expense. The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth will support and evaluate these pilot projects and will make the knowledge gained from them widely available.
The objective of this project is to improve the health care received by abused women by increasing awareness in the medical sector for the problem of violence against women. The topic "violence against women" is also gaining significance at the international level. The Federal Government's active and committed participation in the various international bodies is aimed at:. During the German Presidency in the first half of , a variety of activities were held on the topic of violence against women.
The Ministers of Justice and of Internal Affairs discussed this issue in detail both at their informal meeting in Berlin in February and at the Council on 27th May At the suggestion of the German Presidency, the Commission presented a report on the most recent legislation which the individual Member States had enacted to combat violence against women. This report is to be continued. At their meeting in June , the EU Ministers for Women's Affairs also addressed the EU campaign and presented the activities they planned to carry out in their individual states.
On that occasion, the Federal Government suggested that the EU Commission place a study design modelled along the lines of the Canadian survey at the disposal of the EU Member States for them to use as a pattern in designing future national studies.
This would make it possible, for the first time, to collect comparable data from the whole of Europe in the area of violence against women. The survey of violence against women which Germany plans to conduct will correspondingly be oriented on already existing surveys conducted in other EU Member States. This programme is meant to make funds available for the promotion of work done by non-governmental organizations to prevent violence against children, young people and women in the years With these activities, the Federal Government demonstrated its full support for the path adopted by the Austrian EU Presidency - making the fight against the daily violence of women a permanent topic in the European Union.
It welcomes the undertaking of the Finnish Presidency to keep this topic on the European agenda. The Federal Government will be making a committed contribution to harmonizing refugee policy in the EU as the mandate of the Treaty of Amsterdam. According to the programme of action on the best possible implementation of the provisions contained in the Treaty of Amsterdam on the establishment of an area of freedom, security and justice adopted by the Council of the Ministers of Internal Affairs and Justice on 3rd December , minimum standards for asylum procedures must be adopted within two years time and minimum standards for the recognition of refugees within five years.