As stated by the German Basic Law all people irrespective of their sex are guaranteed protection of the right to life and freedom from physical or mental harm. It is emphasized that the state is obliged to protect human dignity which is recognized as an inviolable value (Article 1 and 2).
German Penal Code provides for high penalties for crimes of violence against human beings including crimes of marital and domestic violence.
Furthermore, as domestic violence is not treated as a crime prosecuted by private indictment, the police and prosecution are obliged to institute criminal proceedings whenever they are informed that the case of violence took place.
German law also addresses the problem of violence against foreign spouses. In 2000 the regulation concerning the right of residence of foreign spouses of 1997 was amended by the Aliens Act. According to the amendment a wife can obtain an independent right of residence after two years during which conjugal cohabitation existed on the territory of Germany. While in the cases of death of the spouse no time limits are required to obtain the right of residence. Before, it was required that conjugal community existed at least for four years.
Furthermore, another act that entered into force in 2002, the Act to Improve Civil Court Protection in the Event of Violent Acts and Unwelcome Advances, as well as to Facilitate Allocation of the Marital Home in the Event of Separation, constitutes further development towards combating violence against women. This act in addition to eviction from marital house, ban on harassment and restraining order gives the courts the possibility to apply other protective measures that prohibit the offender from entering the marital house, visiting a certain places where the victim stays such as workplace, contacting the victim by a telephone and others. The law also contains provision on temporary allocation of the dwellings if the victim was living in the same dwelling with the offender for long time. To ensure that the victim can obtain quick and easy access to those protective measures relevant provisions of procedural and enforcement acts have been also revised.
Offences of rape and sexual coercion are defined by Sections 177-179 of the Penal Code according to which they are punishable if a person using force or threat of physical violence coerces a person to have sexual intercourse or engage her/him in other sexual acts. Since the amendment of 1997 has been introduced this definition embraces also the marital rape. Additionally, Section 179 provides for punishment of sexual abuse of the person either physically or psychologically incapable of resisting the offence. According to the German law rape is punishable from not less than two years of imprisonment up to a life sentence or not less than ten years if the rape resulted in death even if the perpetrator didn't cause the death intentionally.
Furthermore, acts of sexual abuse in a counseling, treatment or support relationship have been criminalized by Penal Code's amendment of 1998. Section 174c says that the therapist must refrain himself from any sexual relationship with his patients. In the event of violation of this provision he can be also banned from practicing his profession in order to prevent further offences.
As regards criminal proceedings Section 68 (1) of the Code of Criminal Proceedings provides for special protection of the victim of sexual abuse from ongoing unnecessary emotional trauma during the criminal proceedings. Therefore, questions that could lead to revealing of other facts of sexual nature from private life of the victim or her family can be posed only if it is indispensable. Taking into consideration the same reason, it is possible for the court to ask the defendant to leave the courtroom during the victim's testimony if there is a fear that the victim might be not truthful or his/her mental state can be influenced by the defendant's presence.
The Act of 1998 to Protect Witness in Questioning in Criminal Proceedings and to Improve Victim Protection provides for the use of video in criminal proceedings thus the victim can be protected against stressful procedure of direct testimony and against the contact with the offender.
Act on Settlements between Offenders and victims in Criminal Law gives the possibility to discontinue criminal proceedings if the settlement between the offender and the victim is reached (also Section 1 55a of the Code of Criminal Procedure).
Sexual harassment is defined by the Act on Protection of Employees against Sexual Harassment in a Workplace of 1994 as any intentional sexual behavior which violates the dignity of employees at the workplace. Both sexual acts and behavior punishable under the Criminal Code, as well as sexual touching and remarks are categorized as such type of crime. Additionally, by the ruling of the Federal Administrative Court also sending of obscene letters within one company has been recognized as sexual harassment. Acts of this nature are punishable both under criminal and labour law and result in disciplinary consequences.
Prostitution is legalized in Germany and the profession is subject to legal protection against coercion and exploitation (Section 180), living off immoral earnings and trafficking in Human beings (Section 180b and 181). Sexual exploitation and incitement of a person less than eighteen years of age are punishable up to three years or fine.
The Act Regulating the Legal Situation of Prostitutes of 2002 improved further the legal and social situation of prostitutes by enabling them the access to social insurance and agreed wages.
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