interesting Article about the situation in Germany

[Mr. SmithParticipant 686]

Gentlemen,

I found this article in the Germany newspaper “Die Zeit” (Times). It is a mainstream outlet, not an “extremist”. Looks like the debate about false rape accusations becomes mainstream.

http://www.zeit.de/2016/28/sexualstrafrecht-verschaerfung-kritik/komplettansicht

I put it in Google translator, because the main audience here does not speak German. I fixed some of the translation mistakes, but don’t expect a perfect result.

The bedroom as a dangerous place

What passionate night and what was rape, the woman defines in the future the day after: before the summer break to an unnecessary and disastrous intensification of sexual offenses are flogged

By Sabine Rückert

On April 20, 2016, the Munich District Court sentenced the former president of the Music Academy there, Siegfried Mauser, for sexual coercion to imprisonment of one year and three months probation. “What is happening there, the total destruction of my existence”, the accused had complained shortly before the verdict. A conviction would be “academic, institutional, scientific, musical total annihilation for me”. It did not help him. Immediately after the verdict of 62-year-old pianist lost on top of his current position as head of the Mozarteum in Salzburg. He is ruined.

His conviction was made solely on the basis of information of a 57-year-old professor of the music academy. This had Mauser appears to have sexually assaulted seven years ago, in April 2009, in an appointment in his office. DC a welcome he had surprisingly pushed against the door and pushed her his tongue into her mouth. Nevertheless, then the conversation took place. In a second assault he later put her hand on his pants over the erect penis and tried to grab her under her skirt. You’ve kept him verbally and through resistance, said of the woman, Mauser had subsequently reissued in his chair. the situation was ended by the occurrence of a third party, but did not notice any encroachments.

Although there is no witness, the woman had fled not from the area had called for help, or even interrupted the conversation and the display had waited a full six years Mauser was sentenced. The pianist is done – by operation of law.

A law that protects women, one might think. But many not enough. Due to the pressure from women’s organizations, women’s counseling centers, women’s emergency, the Women Lawyers Association, Terre des Femmes and the German Women more hastily written proposals of various parliamentarians are currently equal on the table that the Sexualstrafrecht (hard to translate, something like sexual penal code) – with its clearing and modernization anyway a commission on behalf of the Federal Ministry of Justice is employed – will aggravate the benefit of women continue. Its authors maintain the Commission’s work not decrease, but require existing “protection gaps” in criminal law to close quickly, so bring about a “paradigm shift”. The vote in the Bundestag (parliament) should be on 7 July.

The focus of interest is the section 177 of the Criminal Code, sexual assault and rape is punishable: So far had a perpetrator of violence used, threatened his victim or have exploited the vulnerable position to commit an offense under this paragraph. That’s the reformers not go far enough. They complain that cases go unpunished, where “the victim contradicts with words, is surprised by the offender, has solidified fear and does not fight back, physical resistance is considered or feared, thereby incurring further serious injuries as hopeless”. So it is for example in the Key Issues Paper on the reform of sexual criminal law – the principle of “No means No” of 16 June 2016 the answer eleven Bundestag (parliament) CDU / CSU and SPD. (CDU/CSU are the conservative parties, SPD is the democratic party)

The authors propose to provide in the future “all non-consensual” sexual acts as “sexual assault” is punishable, even if the perpetrator does not resort to violence and the victim does not resist. Scale alone is the “conflicting will” of the victim, if he ( “No”) or implicitly (wines, defensive gestures) will expressed verbally.

How do you recognize the reluctance of sex?

The alliance Green (the green party, aka environmentalists) Katja Keul want to know the rape paragraphs reworded to it “arrives neither a coercive act of the offender still on the resistance of the victim”. In the Bundestag, she said: “Whether the victim these (opposing) will expressed verbally or through gestures, facial expressions, posture, or tears from me in writing, it is not critical.”
The conditions in force for assault and rape have been – even if they are interpreted by the courts already very far – at least a certain proportion objectively who can prove: What is violence, know perpetrators and victims. You can also prove by hematomas and torn clothing, but also by a dominant climate of fear (as in a relationship or family). What is a threat that accomplices know. A defenseless position (perpetrator and victim are in a remote area, or the victim is dependent on the perpetrators) also recognizes everyone. Incidentally, also requires the law in force by no means always a “no” from the victim and not always opposition. It is sufficient if the judge of the plaintiff her story for the Court of Appeals comprehensible believe – as in the case of pianist Mauser. But that is hidden by the reformers.

So how the recognizable (resistance) will be detected when there is not even a “no” needs and it at best in “expression” and “posture” – quite interpretation open categories – manifested? Or the other way around and closer to reality: how to prove a defendant that he did not recognize the contrary intention, where he’s been seen, according to the victims of honor? intended to clarify this stay prosecutors reserved future.

The family minister in #TeamGinaLisa

The target “paradigm shift” is obviously to put in assault and rape the truth unverifiable from the objectivity and into the personal interpretive filing the charges. What passionate night and what was rape, defined the woman the day after. The result: The sexual partners distrust feeds. And sexuality per se – ie an otherwise beautiful and desirable behavior – is moved by such campaigns into the twilight and the proximity of the crime. Intimacy is suspected, the bedroom is a dangerous place. Such legalization of intimate life is troubling. This protected space in which negotiated a relationship and behavior can be tested, the control is handed over by the law. And curious one hand defends you against the total surveillance by NSA and Google, on the other hand one measures his own privacy with the graph paper from criminal.
In an ideal world, in which all merely have the best intentions and always tell the truth, such legislation may be appropriate tools for truth – in our world, in which people are sometimes detected by feelings of revenge, hatred and confusion, it seems absurd. It burdened the already overburdened courts to highly risky reasoning that requires significant capacity of the judiciary. In most cases, a criminal offense is still can not be proved, because still certain minimum requirements apply to court to the recognition of the “conflicting will.” At worst, the innocent are convicted.
That a woman could be penetrated by non-noble motives, before closing those eyes who call every woman displaying a rape, must always and in all circumstances be believed – and there are quite a few. As if the prominent cases of innocent convicted teacher Horst Arnold (his Falschbeschuldigerin (translates into something like female wrongful accuser) was 2013 a prison sentence of five and a half years’ imprisonment) or the TV presenter Jörg Kachelmann never existed. As if there were no people among female busybody or mental defects. To what grotesque flowers such faith leads, in 2008 appeared in Saxon Mittweida, where the 18-year-old Rebecca K. showed the police a cut in shape of a bloody swastika in her hip , claiming wish to protect a child of a group of Nazis, would have done that to her. Circumferential police and forensic investigations continued and resulted in: The girl had invented the story and the wound have self-inflicted. Nevertheless, the Berlin Alliance for Democracy and Tolerance, a political initiative against right-wing violence, Rebecca K. decided to award the prize for civil courage – unimpressed by the fact that the Chemnitz prosecutor was investigating the woman for “pretense of an offense”. Woman K.s laudator, the former Parliamentary Secretary Cornelie Sonntag-Wolgast (SPD), said that it was just about the “praise the courage”. A short time later the winner was sentenced.

The family minister in the “Team Gina Lisa”

Now is the Party Girl Gina-Lisa Lohfink who claims to be raped in June 2012 by two men, the center of political sympathy. The Berlin public prosecutor holds Lohfinks rape statement for a lie, therefore runs before the Amtsgericht (disctrict court) Berlin a process. Lohfink accused “making false accusations”. And in fact, the details of the woman considerable contradictions (ZEIT no. 27/16). Under the hashtag #TeamGinaLisa nevertheless countless feminists have solidarity with Lohfink. Last Monday they appeared in the entourage of television crews before the Amtsgericht Berlin. The road had to be closed because a group applied demonstrators had turned up and chanted: “No means no, you’re not alone” The process was a stage for the accused.

Even the Federal Family Minister Manuela Schwesig had the “Team Gina Lisa” connected and the link to an online article Schwesig turns tweeted in case Gina-Lisa Lohfink. In it she is quoted as saying: “We need the aggravation of sexual offenses> No means no ‘must apply A> Stop <is clear…” Why does a minister such a thing? We do not know it. But politicians who want to excel, always liked to take prominent criminal cases as an opportunity. And so should have just come right things Lohfink the family minister. Anyway, they fell – although the victim status of the Party Girls is more than questionable – the judiciary in the back and tried to influence by remarks by the highest authority, the process in favor of Lohfink. Here Schwesig betrayed statements that she knew very little about the matter.

#no means no ! “@SPIEGELONLINE: Family Minister Schwesig (SPD) proposes to the side of #TeamGinaLisa … https: //t.co/8rrAnHYy6U”
– Manuela Schwesig (@ManuelaSchwesig) June 12, 2016

Politicians who want to boost their profile (or their ailing party), make time and again strongly for the intensification of sexual offenses. Whether the proposals are sensible or practicable – they are suitable for populist presentation. Even Gerhard Schröder had recognized this when he 2001 – his poll numbers were in the descent – in the Bild am Sonntag (a tabloid newspaper) public appeal called “child molester locked away – and forever.”

The absurdity of the “No means No” reform

The postulate was indeed incompatible with the law and was (as the lawyer Schröder closely knew) completely beside the reality, but assured him the applause of the crowds. The former chancellor alone remained with this disruption. Many politicians followed his example and do it until now. The number of sexual offenses falling steadily in Germany, while the interaction of populist politicians and journalists excited causes the Sexualstrafrecht (sexual penal code) was modified again and again over the past 20 years – always to the disadvantage of the accused. The constantly promoted intensification of preventive detention (particularly for sex offenders) in 2009 led even to the fact that the European Court of Human Rights intervened and the German regulations tipped to preventive detention. Germany had to be forced back from Europe on the path of human criminal. Even now will again be merely a “first step” that preceded whipped with great passion tightening reform.

Turning the tables on the prosecutors but once around and follow people who supposedly represent themselves unjustly as victims of crime, they have to have very good reasons. 2015 found for more than six million registered offenses only 519 investigations of “pretending a crime” instead, and the “false accusation” made just 0.3 percent of the police investigation cases. Not even against the woman who Jörg Kachelmann 2010 accused the investigators went to his acquittal. She had been shown repeatedly lied in court and even tinkered incriminating evidence itself. Behind this is the concern of the authorities, potential advertiser (s) deter. In campaigns the people is called the police to report as many crimes. Because think about it, the prosecutors very good if they later want to bring themselves in distress advertiser.

Now public outrage goes to those judge down, which adopted the charges against Gina-Lisa Lohfink, and on those Berlin prosecutor who Lohfink will hold accountable. Lohfink has not patriarchy against him, but two sober lawyers who do not want to allow the courtroom to bedlam is. Federal Justice Minister Heiko Maas has avoided a cautionary word to protect these two law committed women, rather he made – the “no means no”-Reforms had initially reacted very cautiously – now to where all are who do not come under criticism want: “the intensification of sexual criminal law must not be blocked any longer.”

“No means no” – a catchword that women should protect and could accommodate perhaps soon particularly rigorous men. In Berlin the Imam Kerim Ucar was a teacher of Platanus school because they wanted to force him to shake her hand. The Imam had appeared to parents this week about his son at school, there refused the strictly devout Muslim to give the female teacher’s hand. Four times should the teacher have the man asked in vain to take her hand, then she broke off the conversation. The Imam should have relied in its display to “insult” and “violation of religious dignity”. Under the new Sexualstrafrecht reform might come a complaint for the offense of “coercion” question if the imam – and on its subjective view as a victim it comes to the future – feels sexually harassed by the teacher: After all, she wanted to, he basis of gender Do not touch liked, forcing his touch. An illustration of the absurdity of “No means no ‘reform.

Other case scenarios are conceivable in which the “no means no” women bring no advantages, but could cause problems. The chairman of the 1st Criminal Division of the Federal Court, Rolf space, presented in a recent meeting of considerations, what might be in a tenderness needy woman criminal that about persistently bothers her husband through sexual advances while watching football. Fasse it to him here, for example against his recognizable will – and his “No” about listening – in the step, this could (under Section 177, Section 1: Sexual assault.) The future lead to a sensitive punishment.

"I need men, real men, men with balls, certainly not sissies. I would never ask them to take an enemy position, but I insist that they follow me to that position. If you are one of those men, raise your hand." Napoleon Bonaparte

[Blue SkiesParticipant 15665]

thanks for sharing,

what’s Germany like from your experiences?

MGTOW is not a movement, it is a way of life.

[Anonymous 3]

Thanks for finding the article and having it translated.

Such legislation around rape and similar sexual things, if known and fully understood by men, will increase the MGTOW.

This field of law is a minefield, because it is his versus her word, and if the victims resistance or the threat from the rapist is not needed to make a sex as a rape, then basically a fed up ex girlfriend can state that you raped her long time ago, even if it was consensual back then. And I see this as an enormous danger toward Men.

[HitmanParticipant]

look at Bill Cosby..
the skeletons come out of the closet YEARS later ..
there should be a mandatory time frame within which to report a rape.

[Mr. SmithParticipant 686]

D_J_T,

your question is a little ambiguous. What do you mean exactly?

To learn a little about German life there is this quite good BBC documentary: https://www.youtube.com/watch?v=9bTKSin4JN4

In general I think the daily life offers now more freedom in Germany than in the US. We have less rules, can do stuff not allowed in the USA. Try to drink a bottle of Vodka in front of a police station. No problem here as long as you behave. The whole political correctness is here, but not that bad. If you mean the whole rape culture madness, it’s also here, but also not as bad as in the US. I know the USA from the early 1990s, then the time of 2002/2003 and today and the country seriously went worse. Very sad, indeed.
I went back to Germany in 2012 because the situation at the US University was no longer acceptable, even if the job itself was better than what I found in Germany. Suddenly all people became crazy, there was signs warning not to trigger people with certain phrases etc. Sorry, but that’s what I expected from Soviet Russia, but not the homeland of freedom.
I am truly hope this will change, it has to change. Otherwise a great historic chance would be lost. The USA never was perfect, but it’s founding was the answer to the European problems of this time, especially ruling by noble families, poverty, malnutrition, class laws etc. The pure existence of the USA was very important to Europe, especially in the 20s century. I brought us forward, it broke up old structures, brought democracy. After world war two the cultural and social example the USA was changes Europe for the better, especially Germany. Even if we lost the war militarily, in all other aspects we are clear winners and this we have to thank the USA for. We would not be what we are today without the help and support and especially the example to follow. One cannot overestimate the cultural impact the USA had on us.
This started to change in the mid-1990s. More and more bad things came over, like political correctness etc. The US-economy changed in a bad way and many here watches puzzled from a distance, especially the de-industrialisation. First we blamed George W. Bush for it and many have seen Obama as the savior himself. This changed quickly. Now many lost hope or interest, also because we are better then ever, at least economical and political.
But (a very big but) this is also changing slowly. There are more and more poor people, the ones with more money get richer, the middle class is in decline. This development is slow, many people still have a great life, but I am afraid it will get worse, not just because of the refugee crisis.

Another report: https://www.youtube.com/watch?v=Uad1Ma5DSMA

"I need men, real men, men with balls, certainly not sissies. I would never ask them to take an enemy position, but I insist that they follow me to that position. If you are one of those men, raise your hand." Napoleon Bonaparte

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