In a significant and groundbreaking development, Japan, a country that previously had one of the lowest ages of consent globally, has decided to increase the minimum age at which one can say yes to sexual relations. The pivotal move has raised Japan's age of consent from the previous 13 years old to 16 years old.

The new bill, as per the news agency AFP, also encompassed additional measures, such as clarifying the requirements for prosecuting rape cases and criminalising voyeurism. The bill which cleared Japan's lower house last month,&nbsp;successfully cleared the parliament's upper house by a unanimous vote&nbsp;on Friday.

This change marks a significant step towards strengthening legal protections for individuals, particularly minors, in matters concerning sexual relationships and crimes.

Here's all you need to know.

<h2>What does it mean by&nbsp;age of consent?</h2>

The age of consent is the minimum age at which sexual activity is legally permitted and below which it is considered statutory rape.

It varies in different countries. In Britain, the age of consent is set at 16 years old. In France, it is 15 years old. Germany and China have set the&nbsp;age of consent at 14 years old.&nbsp;

Also read |&nbsp;<a href="https://www.wionews.com/world/japan-alters-its-definition-of-rape-after-passing-landmark-bill-in-parliament-605128">Japan alters definition of rape after passing landmark bill in parliament</a>

<h2>When was Japan's age of consent last changed?</h2>

As per AFP, Japan's age of consent has remained unchanged for over a century. Thirteen years was set as the age of consent in the year 1907, and it meant that teenagers aged 13 or above were considered capable of consenting to sexual relations.

However, in many parts of Japan, regional ordinances have been implemented to ban "lewd" acts with minors.&nbsp;

These ordinances are sometimes perceived as effectively raising the age of consent to 18 years old, even though the national age of consent is officially lower.&nbsp;

<h2>Japan's new definition of rape</h2>

Japan's new law&nbsp;has broadened the&nbsp;definition of rape&nbsp;to "non-consensual sexual intercourse" from "forcible sexual intercourse".

The bill passed on Friday explicitly lists eight scenarios in which it may be challenging for a victim to refuse or express their lack of consent to engage in sexual intercourse. It&nbsp;also includes a list of circumstances under which rape prosecutions can be pursued. These include cases where victims were under the influence of alcohol or drugs, cases where victims were frightened, and instances where perpetrators took advantage of their social status.&nbsp;

Also read |&nbsp;<a href="https://www.wionews.com/world/japan-parliament-passes-watered-down-lgbt-understanding-bill-that-gives-way-to-bigotry-605038">Japan parliament passes watered-down LGBT understanding bill that allegedly gives way to bigotry</a>

With these clarifications, authorities have attempted to ensure more consistent court verdicts in rape cases. The clarifications are not "meant to make it easier or harder" to secure rape convictions, but "will hopefully make court verdicts more consistent," a justice ministry official told AFP.

<h2>Key provisions in the new law</h2>

Under Japan's new law, teenage couples who are no more than five years apart in age will be exempt from prosecution if both partners are over the age of 13. This provision aims to provide clarity and legal protections for consensual relationships between teenagers who are close in age.

According to the justice ministry, the bill also introduces a new offence called "visitation request offence". This offence targets individuals who use intimidation, seduction, or money to coerce children under the age of 16 into meeting for sexual purposes. Violators of this offence will face a prison sentence of up to one year or a fine of 500,000 yen ($3,500).

<h2>Japan and rape cases before the new law</h2>

Previously, prosecutors were required to prove that victims were incapacitated due to violence and intimidation. This, the critics argued, unfairly shifted blame onto victims for not resisting enough.

In 2017, Japan made its first major revision to its criminal code on sexual offences in over a century. However, many campaigners argued that the reforms were inadequate.&nbsp;

According to a paper published by Oxford University Bar Society in the digital publishing platform Issuu, the 2017 Penal Code in Japan made some changes&nbsp;to the provisions of the previous 1907 law. Notably, it eliminated the limitation that only women can be recognised as victims of rape, thus broadening the scope of potential victims.

Also read |&nbsp;<a href="https://www.wionews.com/trending/colombian-police-officer-sparks-meme-fest-after-swallowing-money-he-had-extorted-watch-viral-video-here-605092">Colombian police officer sparks meme fest after swallowing money he had extorted. Watch viral video here!</a>

However, another significant change in the law was the alteration of the name of the crime from "rape" to "crime of forcible sexual intercourse." The report suggests that this change in terminology could weaken the social understanding and perception of the crime. The power of naming is significant, as the term "rape" inherently carries a strong connotation of abuse, indicating a violation beyond mere physical violence.&nbsp;

"Rape labels an action that of abuse, rather than merely violence," it says.

<h2>Which countries have the lowest age of consent?</h2>

As per Wise Voter, Nigeria tops the list with the age of consent being only 11 years old. However, it must be noted that many regions within Nigeria have their own regional laws that set the age of consent higher.

In the Philippines and Angola, the age of consent is one year higher at 12 years old. The Philippines, however, has laws that criminalise specific acts with children under 18 years old, such as child exploitation and child trafficking.

Similar to Japan's previous age of consent, Burkina Faso, Niger and the East African island nation of Comoros prescribe that children above 13 years of age can consent to sexual relations.

China, Paraguay, Peru and Portugal have 14 years as the age of consent. While certain countries, such as Nigeria and those previously mentioned, have set the age at which individuals can legally consent to sexual activities at very low levels, there are several nations&nbsp;where the age of consent is much higher. These include Bahrain (21 years) and&nbsp;South Korea (20 years). 
&nbsp;

(With inputs from agencies)

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In a significant and groundbreaking development, Japan, a country that previously had one of the lowest ages of consent globally, has decided to increase the minimum age at which one can say yes to sexual relations.

In a significant and groundbreaking development, Japan, a country that previously had one of the lowest ages of consent globally, has decided to increase the minimum age at which one can say yes to sexual relations. The pivotal move has raised Japan's age of consent from the previous 13 years old to 16 years old. The new bill, as per the news agency AFP, also encompassed additional measures, such as clarifying the requirements for prosecuting rape cases and criminalising voyeurism. The bill which cleared Japan's lower house last month, successfully cleared the parliament's upper house by a unanimous vote on Friday. This change marks a significant step towards strengthening legal protections for individuals, particularly minors, in matters concerning sexual relationships and crimes. Here's all you need to know. What does it mean by age of consent? The age of consent is the minimum age at which sexual activity is legally permitted and below which it is considered statutory rape. It varies in different countries. In Britain, the age of consent is set at 16 years old. In France, it is 15 years old. Germany and China have set the age of consent at 14 years old. Also read | Japan alters definition of rape after passing landmark bill in parliament When was Japan's age of consent last changed? As per AFP, Japan's age of consent has remained unchanged for over a century. Thirteen years was set as the age of consent in the year 1907, and it meant that teenagers aged 13 or above were considered capable of consenting to sexual relations. However, in many parts of Japan, regional ordinances have been implemented to ban "lewd" acts with minors. These ordinances are sometimes perceived as effectively raising the age of consent to 18 years old, even though the national age of consent is officially lower. Japan's new definition of rape Japan's new law has broadened the definition of rape to "non-consensual sexual intercourse" from "forcible sexual intercourse". The bill passed on Friday explicitly lists eight scenarios in which it may be challenging for a victim to refuse or express their lack of consent to engage in sexual intercourse. It also includes a list of circumstances under which rape prosecutions can be pursued. These include cases where victims were under the influence of alcohol or drugs, cases where victims were frightened, and instances where perpetrators took advantage of their social status. Also read | Japan parliament passes watered-down LGBT understanding bill that allegedly gives way to bigotry With these clarifications, authorities have attempted to ensure more consistent court verdicts in rape cases. The clarifications are not "meant to make it easier or harder" to secure rape convictions, but "will hopefully make court verdicts more consistent," a justice ministry official told AFP. Key provisions in the new law Under Japan's new law, teenage couples who are no more than five years apart in age will be exempt from prosecution if both partners are over the age of 13. This provision aims to provide clarity and legal protections for consensual relationships between teenagers who are close in age. According to the justice ministry, the bill also introduces a new offence called "visitation request offence". This offence targets individuals who use intimidation, seduction, or money to coerce children under the age of 16 into meeting for sexual purposes. Violators of this offence will face a prison sentence of up to one year or a fine of 500,000 yen ($3,500). Japan and rape cases before the new law Previously, prosecutors were required to prove that victims were incapacitated due to violence and intimidation. This, the critics argued, unfairly shifted blame onto victims for not resisting enough. In 2017, Japan made its first major revision to its criminal code on sexual offences in over a century. However, many campaigners argued that the reforms were inadequate. According to a paper published by Oxford University Bar Society in the digital publishing platform Issuu, the 2017 Penal Code in Japan made some changes to the provisions of the previous 1907 law. Notably, it eliminated the limitation that only women can be recognised as victims of rape, thus broadening the scope of potential victims. Also read | Colombian police officer sparks meme fest after swallowing money he had extorted. Watch viral video here! However, another significant change in the law was the alteration of the name of the crime from "rape" to "crime of forcible sexual intercourse." The report suggests that this change in terminology could weaken the social understanding and perception of the crime. The power of naming is significant, as the term "rape" inherently carries a strong connotation of abuse, indicating a violation beyond mere physical violence. "Rape labels an action that of abuse, rather than merely violence," it says. Which countries have the lowest age of consent? As per Wise Voter, Nigeria tops the list with the age of consent being only 11 years old. However, it must be noted that many regions within Nigeria have their own regional laws that set the age of consent higher. In the Philippines and Angola, the age of consent is one year higher at 12 years old. The Philippines, however, has laws that criminalise specific acts with children under 18 years old, such as child exploitation and child trafficking. Similar to Japan's previous age of consent, Burkina Faso, Niger and the East African island nation of Comoros prescribe that children above 13 years of age can consent to sexual relations. China, Paraguay, Peru and Portugal have 14 years as the age of consent. While certain countries, such as Nigeria and those previously mentioned, have set the age at which individuals can legally consent to sexual activities at very low levels, there are several nations where the age of consent is much higher. These include Bahrain (21 years) and South Korea (20 years). (With inputs from agencies) WATCH WION LIVE HERE You can now write for wionews.com and be a part of the community. Share your stories and opinions with us here.

Explained: Japan's historic move redefines rape and raises age of consent

The Spanish government has approved legislation that toughens the country's law against rape. The government has decided to define all non-consensual acts of sex as sexual assault. The draft still requires parliamentary approval which is expected by the end of the year.

'Only Yes is yes': Spain criminalizes all sort of non-consensual sex

Has Indian judiciary failed our daughters? Why do Indian daughters continue to face violence despite the government framing tough anti-rape legislation? The laws do not seem to have any deterrence for the rapists as the numbers suggest. A woman is raped every 16 minutes in India.&nbsp;

According to the National Crime Records Bureau's (NCRB) 'Crime in India 2019' report, the country had recorded 88 rape cases every day and 32,033 in the year. Rajasthan and Uttar Pradesh top the shame list with 6,000 and 3,065 rape cases last year respectively.

But the situation is far more horrible as the figures are gross underestimates. These are just the cases that have been reported. Majority of the crimes against women are committed by people known to the victims such as close family members, neighbours, employers and friends.

And in many cases, the victims either remain reluctant to report crimes or they are coerced by their families to keep mum due to stigma attached with it. India’s deep-seated patriarchy is largely to be blamed for this sorry state of affairs.

The government was forced to pass a tough anti-rape law in April 2013 following a massive outcry over the brutal rape of Nirbhaya, a 23-year-old physiotherapy student on a moving bus in New Delhi on the night of December 16, 2012. The law made stalking a crime and introduced death sentence for convicted rapists.&nbsp;

But has it brought about any positive change in the society? Young girls and women continue to fall prey to the rapists. In several cases, the accused get away with minor punishments due to lack of evidence and they are also protected by police and politicians. The misuse of police in destroying evidence is not a hidden secret.

Shoddy police work

The shoddy police investigation in the latest Hathras rape case also raises several questions. &nbsp;

Why were samples of the 19-year-old Dalit girl taken on September 22 when she was admitted to the hospital on September 14?

Why did it take three days to send the samples to a lab in Agra? The lab received the samples on September 25.

The vaginal swabs in rape cases should be taken within 72 hours. In fact, according to the guidelines &amp; protocols for medico-legal care for survivors/victims of sexual violence by the Ministry of Health and Family Welfare, “the likelihood of finding evidence after 72 hours (3 days) is greatly reduced; however it is better to collect evidence up to 96 hours in case the survivor may be unsure of the number of hours elapsed since the assault.”&nbsp;

Why did the hospital authorities delay in taking samples? &nbsp;

Was it an act of gross negligence or it was purportedly delayed?

Now the UP police is claiming that the victim was not raped as the forensic report, which was received by the Agra lab 11 days after the crime, has found no evidence of rape.&nbsp;

Also Read | <a href="https://www.wionews.com/opinions-blogs/justiceforssr-to-justiceforkangana-the-art-of-riding-coattails-hashtags-to-hashtags-330778">#JusticeForSSR to #JusticeForKangana: The art of riding coattails – hashtags to hashtags</a>

It is also banking on the post-mortem report issued by Safdarjung Hospital which does not mention rape. The post-mortem report says there were “multiple old healed tears” in the private parts of the deceased. Certainly, there will be very little chances of finding any evidence if the samples are collected beyond permissible time limit.

Questionable actions of&nbsp;authorities

The decision of the local authorities to cremate the victim in the dead of the night and that too in the absence of her family members also raises several doubts. Why was the family denied a last look at the body? Why did the district officials not permit the body to be taken home for last rites? What was the urgency? The UP police and the local administration need to answer these questions.

Accused arrested, but will there be justice in time?

Now that all the four accused have been arrested, the case will be heard by the Fast Track Court (FTC) after the police file the charge sheet. The problem is that most of these FTCs in several states have the same drawbacks as the district courts. Improper infrastructure, inadequate staff, frequent adjournments continue to dog these FTCs. As of 2019, there were more than 1.66 lakh pending cases of crime against women and children in the FTCs across the country.

Even if the FTC completes all the legal formalities and passes its judgment, it will not be a final closure of the case. The accused have every right to challenge the FTC decision to higher courts and finally the Supreme Court. &nbsp;

Delays in case closures

The case in point is the Delhi medical student rape case, when a fast-track court was set up on January 17, 2013 a month after the crime. &nbsp;

The court wrapped up the proceedings within eight months and sentenced the four surviving convicts to death in the case. The Supreme Court upheld the death penalty on May 5, 2017, but the convicts were hanged on March 20 this year after they took time exhausting all their legal remedies.&nbsp;

It took more than seven years before the convicts could be sent to the gallows despite having been sentenced to death in a fast-track.

The unusual delay in closure is also traumatic for the rape survivor as she is haunted by the flashbacks, nightmares and upsetting memories.&nbsp;

Moreover, as the case drags from one court to another, she is subjected to the same rigmarole of answering uncomfortable questions which may prove to be very disturbing for her. In some cases, it is observed that the survivors end their lives due to the stigma attached with the incident of rape.

There is an urgent need to fast track justice also. If &nbsp;justice is prompt, it will certainly act as a deterrent and instill fear among the people who entertain any such wicked thoughts. The criminal justice system should be such that it is not seen as failing to deliver justice after rape. For, justice delayed is justice denied.&nbsp;

(Disclaimer: The opinions expressed above are the personal views of the author and do not reflect the views of ZMCL.)

Has Indian judiciary failed our daughters? Why do Indian daughters continue to face violence despite the government framing tough anti-rape legislation? The laws do not seem to have any deterrence for the rapists as the numbers suggest.

Has Indian judiciary failed our daughters? Why do Indian daughters continue to face violence despite the government framing tough anti-rape legislation? The laws do not seem to have any deterrence for the rapists as the numbers suggest. A woman is raped every 16 minutes in India. According to the National Crime Records Bureau's (NCRB) 'Crime in India 2019' report, the country had recorded 88 rape cases every day and 32,033 in the year. Rajasthan and Uttar Pradesh top the shame list with 6,000 and 3,065 rape cases last year respectively. But the situation is far more horrible as the figures are gross underestimates. These are just the cases that have been reported. Majority of the crimes against women are committed by people known to the victims such as close family members, neighbours, employers and friends. And in many cases, the victims either remain reluctant to report crimes or they are coerced by their families to keep mum due to stigma attached with it. India’s deep-seated patriarchy is largely to be blamed for this sorry state of affairs. The government was forced to pass a tough anti-rape law in April 2013 following a massive outcry over the brutal rape of Nirbhaya, a 23-year-old physiotherapy student on a moving bus in New Delhi on the night of December 16, 2012. The law made stalking a crime and introduced death sentence for convicted rapists. But has it brought about any positive change in the society? Young girls and women continue to fall prey to the rapists. In several cases, the accused get away with minor punishments due to lack of evidence and they are also protected by police and politicians. The misuse of police in destroying evidence is not a hidden secret. Shoddy police work The shoddy police investigation in the latest Hathras rape case also raises several questions. Why were samples of the 19-year-old Dalit girl taken on September 22 when she was admitted to the hospital on September 14? Why did it take three days to send the samples to a lab in Agra? The lab received the samples on September 25. The vaginal swabs in rape cases should be taken within 72 hours. In fact, according to the guidelines & protocols for medico-legal care for survivors/victims of sexual violence by the Ministry of Health and Family Welfare, “the likelihood of finding evidence after 72 hours (3 days) is greatly reduced; however it is better to collect evidence up to 96 hours in case the survivor may be unsure of the number of hours elapsed since the assault.” Why did the hospital authorities delay in taking samples? Was it an act of gross negligence or it was purportedly delayed? Now the UP police is claiming that the victim was not raped as the forensic report, which was received by the Agra lab 11 days after the crime, has found no evidence of rape. Also Read | #JusticeForSSR to #JusticeForKangana: The art of riding coattails – hashtags to hashtags It is also banking on the post-mortem report issued by Safdarjung Hospital which does not mention rape. The post-mortem report says there were “multiple old healed tears” in the private parts of the deceased. Certainly, there will be very little chances of finding any evidence if the samples are collected beyond permissible time limit. Questionable actions of authorities The decision of the local authorities to cremate the victim in the dead of the night and that too in the absence of her family members also raises several doubts. Why was the family denied a last look at the body? Why did the district officials not permit the body to be taken home for last rites? What was the urgency? The UP police and the local administration need to answer these questions. Accused arrested, but will there be justice in time? Now that all the four accused have been arrested, the case will be heard by the Fast Track Court (FTC) after the police file the charge sheet. The problem is that most of these FTCs in several states have the same drawbacks as the district courts. Improper infrastructure, inadequate staff, frequent adjournments continue to dog these FTCs. As of 2019, there were more than 1.66 lakh pending cases of crime against women and children in the FTCs across the country. Even if the FTC completes all the legal formalities and passes its judgment, it will not be a final closure of the case. The accused have every right to challenge the FTC decision to higher courts and finally the Supreme Court. Delays in case closures The case in point is the Delhi medical student rape case, when a fast-track court was set up on January 17, 2013 a month after the crime. The court wrapped up the proceedings within eight months and sentenced the four surviving convicts to death in the case. The Supreme Court upheld the death penalty on May 5, 2017, but the convicts were hanged on March 20 this year after they took time exhausting all their legal remedies. It took more than seven years before the convicts could be sent to the gallows despite having been sentenced to death in a fast-track. The unusual delay in closure is also traumatic for the rape survivor as she is haunted by the flashbacks, nightmares and upsetting memories. Moreover, as the case drags from one court to another, she is subjected to the same rigmarole of answering uncomfortable questions which may prove to be very disturbing for her. In some cases, it is observed that the survivors end their lives due to the stigma attached with the incident of rape. There is an urgent need to fast track justice also. If justice is prompt, it will certainly act as a deterrent and instill fear among the people who entertain any such wicked thoughts. The criminal justice system should be such that it is not seen as failing to deliver justice after rape. For, justice delayed is justice denied. (Disclaimer: The opinions expressed above are the personal views of the author and do not reflect the views of ZMCL.)

Why have stringent laws failed to instill fear in rapists

Thousands of people of conitnued protests for the third consecutive day in Pamplona, Spain against the gang rape accused sentence by the court.

According to reports at least 35,000 people marched in streets as they raised slogans like "it's not sexual abuse, it's rape''. The police informed media that the protests remain peaceful.

In 2016 during the Spain's famous bull running festival&nbspfive men allegedly gang-raped an 18 year-old woman. However the court has setenced them for sexual abuse which is a lesser offence under Spanish law than the gang rape.&nbsp

They also shot a video of the incident and posted on their whatsapp group name&nbsp'La manda' an english translation is "the wolf pack".

On Thursday the court of Navarre region in Spain setenced all five accused to nine years in prison for ''a continued crime of sexual abuse'' promoting massive protests across the country including&nbspBarcelona, Madrid, Valencia, Pamplona and Alicante.

According to a report&nbspby the Spain's daily prosecutors had sought 22 years of sentence for each accused with more serious charges.

The public outcry has also led spain's&nbspgovernment to consider changes in their rape law.

The sexual abuse laws of Spain are much lighter in nature as they do not inlcude violence or intimidation.

For a person to be accused of rape, an evidence of violence or intimdation must exist for the offence to be proved prompting a painful debate of how much victim should fight with out getting killed and still get recognised as victim.

However, media reports say that the video which was found in accused phone the victim is seen protesting mildly as she felt trapped and was afraid.

The demonstrators has called the court's verdict a stepback for women's security.

A petition seeking disqualification of the judges who ruled the decision is also circulating online and has gathered 102 million signatures so far.

The victim is said to&nbspappeal further in the&nbspcase.

 
&nbsp

According to reports at least 35,000 people marched in streets as they raised slogans like 'it's not sexual abuse, it's rape'. The police informed media that the protests remain peaceful

Thousands of people of conitnued protests for the third consecutive day in Pamplona, Spain against the gang rape accused sentence by the court. According to reports at least 35,000 people marched in streets as they raised slogans like "it's not sexual abuse, it's rape''. The police informed media that the protests remain peaceful. In 2016 during the Spain's famous bull running festival&nbspfive men allegedly gang-raped an 18 year-old woman. However the court has setenced them for sexual abuse which is a lesser offence under Spanish law than the gang rape. They also shot a video of the incident and posted on their whatsapp group name 'La manda' an english translation is "the wolf pack". On Thursday the court of Navarre region in Spain setenced all five accused to nine years in prison for ''a continued crime of sexual abuse'' promoting massive protests across the country including&nbspBarcelona, Madrid, Valencia, Pamplona and Alicante. According to a report&nbspby the Spain's daily prosecutors had sought 22 years of sentence for each accused with more serious charges. The public outcry has also led spain's&nbspgovernment to consider changes in their rape law. The sexual abuse laws of Spain are much lighter in nature as they do not inlcude violence or intimidation. For a person to be accused of rape, an evidence of violence or intimdation must exist for the offence to be proved prompting a painful debate of how much victim should fight with out getting killed and still get recognised as victim. However, media reports say that the video which was found in accused phone the victim is seen protesting mildly as she felt trapped and was afraid. The demonstrators has called the court's verdict a stepback for women's security. A petition seeking disqualification of the judges who ruled the decision is also circulating online and has gathered 102 million signatures so far. The victim is said to&nbspappeal further in the&nbspcase.

Spain: More than 30,000 people protest against Pamplona gang rape

&nbsp;

By&nbsp;Anitha Shenoy* &amp; Srishti Agnihotri**

The Supreme Court <a href="http://supremecourtofindia.nic.in/FileServer/2017-05-05_1493976928.pdf">judgment</a> in Mukesh and Anr v. State for NCT of Delhi (the &lsquo;Nirbhaya case&rsquo;) marks a significant milestone. The Nirbhaya case is unique because it evoked a quick and integrated response from every pillar of Indian democracy. The nationwide civil society galvanisation created a sustained public pressure, which ensured that the executive, the legislature and the judiciary rose to the occasion and responded effectively in their respective spheres.&nbsp;

The societal response was two-fold: firstly, a response to Nirbhaya herself and, secondly, a response meant to meet the needs of all victims of sexual violence.&nbsp;

For decades, activists associated with the women&rsquo;s movement had been <a href="http://feministlawarchives.pldindia.org/wp-content/uploads/SA-Bill-Pocess-Document.pdf">discussing the rising rates of sexual assaults in India</a>, and the need to change laws relating to rape. The first watershed moment came with the verdict on the custodial rape of a young tribal girl Mathura at Maharashtra in March 1972. The protests following the <a href="https://indiankanoon.org/doc/1092711/">judgment </a>of the Supreme Court led to <a href="http://www.lawyerscollective.org/wp-content/uploads/2008/08/Annexure_3_CONSOLIDATED_TIMELINE.pdf">changes</a> in the law, including the introduction of the concept of custodial rape and shifting of the burden of proof on the accused, once the sexual intercourse is proved.

In a <a href="https://indiankanoon.org/doc/1103956/">Writ Petition</a> before the Supreme Court, SAKSHI, an organization working on issues related to women, asked for an interpretation of the phrase &lsquo;sexual intercourse&rsquo; that would include all forms of penetration. The expansion of the ambit of rapes, however, had to wait for few years until the sexual assault on Nirbhaya catalysed a flurry of legal reforms. It was only with the passage of the <a href="https://www.iitk.ac.in/wc/data/TheCriminalLaw.pdf">Criminal Law Amendment Act of 2013</a> that the ambit of rape was expanded as suggested initially by SAKSHI. The Act also came to include provisions to deal with acid attacks, sexual harassment and stalking as well as acts of voyeurism, assault or use of criminal force with intent to disrobe a woman. Though pathbreaking in many ways, it is a matter of sadness and concern, that it took such a heinous offence to evoke a policy response that was long overdue.&nbsp;

There was a simultaneous response from the Executive. The ministry of finance set up a dedicated fund called the <a href="http://pib.nic.in/newsite/PrintRelease.aspx?relid=157727">Nirbhaya Fund </a>with a corpus of Rs 3000 crores. The funds were to be utilised for enhancing the safety and security of women in the country. The schemes that have been initiated under this fund include &lsquo;Sakhi&rsquo; centers that will act as one-stop centres for women affected by violence, a helpline specifically meant for women that would link the women to the one-stop centres, and Mahila Police Volunteers to act as a bridge between the police and the community.&nbsp;

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<h5>The low conviction rates in rape trials, delay in conclusion of the trial, and the difficult, often insensitive, interaction between the survivor and the criminal-justice system need immediate remedying.</h5>
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After the verdict in the Nirbhaya case, it is time for a collective stock-taking of how far we have progressed, in terms of ensuring that women in India enjoy a life of dignity, autonomy and an environment free of violence.&nbsp;

The low conviction rates in rape trials, delay in conclusion of the trial, and the difficult, often insensitive, interaction between the survivor and the criminal-justice system need immediate remedying. Steps must be taken to update and train the officers in the Mahila Police Stations in the latest investigative practices, forensic protocols, and sensitise police personnel on how to handle cases of rape and violence against women. With an increasing number of cybercrimes against women, including cyber-stalking, and online rape threats and death threats, it is important that police force is trained on responding to the particular investigative requirements in such cases. &nbsp;

Another, crucial aspect in any rape trial is the medico-legal aspect. Reports from doctors are a determining factor in judicial decision making. However, what doctors often lose sight of is that sexual assault is a legal issue and not a medical diagnosis. This has been strongly emphasised by the Justice Verma Committee which stated that &quot;doctors should not, on the basis of the medical examination conclude whether rape had occurred or not.&quot;&nbsp;

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<h5>We also need to be sensitive to complaints of sexual assault from men or transgendered persons.</h5>
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Courts must refrain from using terminology like &#39;habituated to sexual intercourse&#39; and medical practitioners must not employ legally irrelevant tests such as the &lsquo;two-finger test&rsquo; in arriving at an answer to the question of whether rape has been committed. The Supreme Court has categorically <a href="https://indiankanoon.org/doc/78844212/">held in Lillu @ Rajesh &amp; Anr vs State Of Haryana </a>that &quot;two finger test and its interpretation violates the right of rape survivors to privacy, physical and mental integrity and dignity.&quot;

No discussion on sexual violence is complete if it does not take into account assault on victims by persons known to them, either from home or school, the workplace and even within a marriage. Specific institutionalised and legal responses are needed to handle these categories of assault, which are distinct from assault by strangers. We also need to be sensitive to complaints of sexual assault from men or transgendered persons.&nbsp;

We have reached a point in time when it has become imperative that law and policy should evolve contemporaneously to the needs of society. A proactive approach to legal changes, not a reactive one, must guide us on the way forward. &nbsp; &nbsp;

*Anitha Shenoy is a lawyer in the Supreme Court of India, and has practised for the last 2 decades.

** Srishti Agnihotri, is a Delhi based lawyer.

&nbsp;

It is vitally important that sexual violence laws in the country reflect the needs of the society

By Anitha Shenoy* & Srishti Agnihotri** The Supreme Court judgment in Mukesh and Anr v. State for NCT of Delhi (the ‘Nirbhaya case’) marks a significant milestone. The Nirbhaya case is unique because it evoked a quick and integrated response from every pillar of Indian democracy. The nationwide civil society galvanisation created a sustained public pressure, which ensured that the executive, the legislature and the judiciary rose to the occasion and responded effectively in their respective spheres. The societal response was two-fold: firstly, a response to Nirbhaya herself and, secondly, a response meant to meet the needs of all victims of sexual violence. For decades, activists associated with the women’s movement had been discussing the rising rates of sexual assaults in India, and the need to change laws relating to rape. The first watershed moment came with the verdict on the custodial rape of a young tribal girl Mathura at Maharashtra in March 1972. The protests following the judgment of the Supreme Court led to changes in the law, including the introduction of the concept of custodial rape and shifting of the burden of proof on the accused, once the sexual intercourse is proved. In a Writ Petition before the Supreme Court, SAKSHI, an organization working on issues related to women, asked for an interpretation of the phrase ‘sexual intercourse’ that would include all forms of penetration. The expansion of the ambit of rapes, however, had to wait for few years until the sexual assault on Nirbhaya catalysed a flurry of legal reforms. It was only with the passage of the Criminal Law Amendment Act of 2013 that the ambit of rape was expanded as suggested initially by SAKSHI. The Act also came to include provisions to deal with acid attacks, sexual harassment and stalking as well as acts of voyeurism, assault or use of criminal force with intent to disrobe a woman. Though pathbreaking in many ways, it is a matter of sadness and concern, that it took such a heinous offence to evoke a policy response that was long overdue. There was a simultaneous response from the Executive. The ministry of finance set up a dedicated fund called the Nirbhaya Fund with a corpus of Rs 3000 crores. The funds were to be utilised for enhancing the safety and security of women in the country. The schemes that have been initiated under this fund include ‘Sakhi’ centers that will act as one-stop centres for women affected by violence, a helpline specifically meant for women that would link the women to the one-stop centres, and Mahila Police Volunteers to act as a bridge between the police and the community. The low conviction rates in rape trials, delay in conclusion of the trial, and the difficult, often insensitive, interaction between the survivor and the criminal-justice system need immediate remedying. × After the verdict in the Nirbhaya case, it is time for a collective stock-taking of how far we have progressed, in terms of ensuring that women in India enjoy a life of dignity, autonomy and an environment free of violence. The low conviction rates in rape trials, delay in conclusion of the trial, and the difficult, often insensitive, interaction between the survivor and the criminal-justice system need immediate remedying. Steps must be taken to update and train the officers in the Mahila Police Stations in the latest investigative practices, forensic protocols, and sensitise police personnel on how to handle cases of rape and violence against women. With an increasing number of cybercrimes against women, including cyber-stalking, and online rape threats and death threats, it is important that police force is trained on responding to the particular investigative requirements in such cases. Another, crucial aspect in any rape trial is the medico-legal aspect. Reports from doctors are a determining factor in judicial decision making. However, what doctors often lose sight of is that sexual assault is a legal issue and not a medical diagnosis. This has been strongly emphasised by the Justice Verma Committee which stated that "doctors should not, on the basis of the medical examination conclude whether rape had occurred or not." We also need to be sensitive to complaints of sexual assault from men or transgendered persons. × Courts must refrain from using terminology like 'habituated to sexual intercourse' and medical practitioners must not employ legally irrelevant tests such as the ‘two-finger test’ in arriving at an answer to the question of whether rape has been committed. The Supreme Court has categorically held in Lillu @ Rajesh & Anr vs State Of Haryana that "two finger test and its interpretation violates the right of rape survivors to privacy, physical and mental integrity and dignity." No discussion on sexual violence is complete if it does not take into account assault on victims by persons known to them, either from home or school, the workplace and even within a marriage. Specific institutionalised and legal responses are needed to handle these categories of assault, which are distinct from assault by strangers. We also need to be sensitive to complaints of sexual assault from men or transgendered persons. We have reached a point in time when it has become imperative that law and policy should evolve contemporaneously to the needs of society. A proactive approach to legal changes, not a reactive one, must guide us on the way forward. *Anitha Shenoy is a lawyer in the Supreme Court of India, and has practised for the last 2 decades. ** Srishti Agnihotri, is a Delhi based lawyer.

Remembering Nirbhaya and looking for ways to stop rape

Female protesters dressed as bloody and bandaged brides gathered in front of the Lebanese government headquarters on Tuesday&nbsp;calling for the abolishment of a law that allows rapists to marry their victims and escape sentencing.

The symbolic protest was part of a larger national campaign launched by gender equality NGO Abaad, which is raising awareness of Article 522, saying it violates human rights and strips the victims of their right to pursue justice.

The law states that rapists are punishable by up to seven years, which can be increased if the survivor has a special need. But Article 522 states that the criminal prosecution is suspended if the rapist marries the survivor.

The law, which has been in place since the 1940&#39;s, is currently being discussed in parliament.

&quot;I believe this subject affects every Lebanese citizen, not only women. This Article violates women&#39;s human rights. We did a survey before the campaign figuring out only one per cent of the Lebanese people know about Article 522. We are doing our best to raise awareness of this Article, saying women have the right to refuse to marry the rapist. We are also telling all families that the solution is not the marriage of the rapist and victim - the solution is criminalising the rapist, abolishing Article 522 and punishing the criminal,&quot; said Alia Awada, campaigns manager for Abaad.

A parliamentary legislative committee is expected to decide today&nbsp;whether to abolish the law. The head of Abaad, Ghida Anani, said she hoped lawmakers would eliminate Article 522 from the Lebanese charter.

&quot;We are continuing a symbolic movement that we started last week in front of the parliament when the parliamentary committee was discussing the content of Article 522, to stress our demand on the need to abolish this Article. At the same time, we are expressing our trust in the committee that will be discussing this tomorrow at the parliament. We have trust in the positive promises we received from this parliamentary committee for the possibility of abolishing this Article,&quot; she said.

One of the protesters, Hiam Bakr, described the anger and sadness she felt as a victim of sexual assault.

&quot;I am here because we have been subject of sexual assault in our lives, we know how it feels: what happens to us at night, how we become deprived of sleeping, eating and drinking, how we spend our days and nights thinking why this happened to us. We don`t know that he is the reason, we are not. We keep on fighting ourselves for a long time to be able to accept this is not our fault but his, that he is a bad person. I am here to demand the abolition of this Article,&quot; she said.

Abaad&#39;s campaign has been featured on television, social media and billboards across the country.

(Reuters)

Female protesters dressed as bloody and bandaged brides gathered in front of Lebanese government headquarters to denounce Article 522

Female protesters dressed as bloody and bandaged brides gathered in front of the Lebanese government headquarters on Tuesday calling for the abolishment of a law that allows rapists to marry their victims and escape sentencing. The symbolic protest was part of a larger national campaign launched by gender equality NGO Abaad, which is raising awareness of Article 522, saying it violates human rights and strips the victims of their right to pursue justice. The law states that rapists are punishable by up to seven years, which can be increased if the survivor has a special need. But Article 522 states that the criminal prosecution is suspended if the rapist marries the survivor. The law, which has been in place since the 1940's, is currently being discussed in parliament. "I believe this subject affects every Lebanese citizen, not only women. This Article violates women's human rights. We did a survey before the campaign figuring out only one per cent of the Lebanese people know about Article 522. We are doing our best to raise awareness of this Article, saying women have the right to refuse to marry the rapist. We are also telling all families that the solution is not the marriage of the rapist and victim - the solution is criminalising the rapist, abolishing Article 522 and punishing the criminal," said Alia Awada, campaigns manager for Abaad. A parliamentary legislative committee is expected to decide today whether to abolish the law. The head of Abaad, Ghida Anani, said she hoped lawmakers would eliminate Article 522 from the Lebanese charter. "We are continuing a symbolic movement that we started last week in front of the parliament when the parliamentary committee was discussing the content of Article 522, to stress our demand on the need to abolish this Article. At the same time, we are expressing our trust in the committee that will be discussing this tomorrow at the parliament. We have trust in the positive promises we received from this parliamentary committee for the possibility of abolishing this Article," she said. One of the protesters, Hiam Bakr, described the anger and sadness she felt as a victim of sexual assault. "I am here because we have been subject of sexual assault in our lives, we know how it feels: what happens to us at night, how we become deprived of sleeping, eating and drinking, how we spend our days and nights thinking why this happened to us. We don`t know that he is the reason, we are not. We keep on fighting ourselves for a long time to be able to accept this is not our fault but his, that he is a bad person. I am here to demand the abolition of this Article," she said. Abaad's campaign has been featured on television, social media and billboards across the country. (Reuters)

Lebanese women protest law encouraging rapist to marry their victim

A new US law granting victims of sexual assault the right to have evidence preserved while they consider prosecution could encourage more people to press charges, experts said on Monday.

The Sexual Assault Survivors&rsquo; Rights Act, signed on Friday by President Barack Obama, gives victims the right to have evidence preserved in &quot;rape kits&quot; for the maximum period during which a person can decide to pursue legal action.

Rape kits are used by police to collect evidence from the body and clothing of a victim of rape or sexual assault. DNA extracted is typically checked for matches on a DNA database of convicted criminals.

Currently, untested rape kits may eventually get destroyed as a matter of standard procedure across much of the country.&nbsp;

The new law ensures that authorities must preserve them for the duration of the statute of limitations.

&quot;Strengthening the response of victims can potentially mean more cases are brought forward,&quot; said Terri Poore, policy director at End Sexual Violence, a Washington D.C.-based non-profit group that works on sexual assault policy.

&quot;It&rsquo;s the first federal law to my knowledge to directly address how long rape kits should be held,&quot; she said.

Only about 13 out of every 1,000 instances of rape in the United States are referred to a prosecutor, according to an analysis of government data by the Rape, Abuse &amp; Incest National Network (RAINN), an anti-sexual violence organisation.

A contributing factor to this problem is a nationwide backlog of untested rape kits, said Michele Dauber, a law professor at Stanford University in California.

The new law sends a message that &quot;when local law enforcement fail to test rape kits and just destroy them ... they are not taking these crimes seriously,&quot; she said.

&nbsp;

End the Backlog, a non-profit group which lobbies for policies to expedite rape kit processing, believes there are hundreds of thousands of untested rape kits in law enforcement facilities across the country, it said.

&nbsp;

The law&rsquo;s enactment follows a campaign by Amanda Nguyen who said she was raped in the state of Massachusetts and found that her kit could be destroyed unless she requested it be preserved.

&nbsp;

&quot;The worst thing that happened to me wasn&#39;t the rape itself, it was having to navigate through a broken criminal justice system - in my personal case that means having to fight to hold on to my untested kit from being destroyed every six months,&quot; she told the Thomson Reuters Foundation.

&nbsp;

The 25-year-old has not pressed charges yet because she now lives in Washington D.C. and doing so requires extensive time and resources, she said.

&nbsp;

The new law sets a federal standard encouraging state legislators to pass similar measures, eventually ruling out situations such as that faced by Nguyen, Poore said.&nbsp;

 
 
&nbsp;

(Thomson Reuters Foundation)

The new law passed on Friday gives rape survivors the right to have evidence preserved in 'rape kits' till they decide to take legal action

A new US law granting victims of sexual assault the right to have evidence preserved while they consider prosecution could encourage more people to press charges, experts said on Monday. The Sexual Assault Survivors’ Rights Act, signed on Friday by President Barack Obama, gives victims the right to have evidence preserved in "rape kits" for the maximum period during which a person can decide to pursue legal action. Rape kits are used by police to collect evidence from the body and clothing of a victim of rape or sexual assault. DNA extracted is typically checked for matches on a DNA database of convicted criminals. Currently, untested rape kits may eventually get destroyed as a matter of standard procedure across much of the country. The new law ensures that authorities must preserve them for the duration of the statute of limitations. "Strengthening the response of victims can potentially mean more cases are brought forward," said Terri Poore, policy director at End Sexual Violence, a Washington D.C.-based non-profit group that works on sexual assault policy. "It’s the first federal law to my knowledge to directly address how long rape kits should be held," she said. Only about 13 out of every 1,000 instances of rape in the United States are referred to a prosecutor, according to an analysis of government data by the Rape, Abuse & Incest National Network (RAINN), an anti-sexual violence organisation. A contributing factor to this problem is a nationwide backlog of untested rape kits, said Michele Dauber, a law professor at Stanford University in California. The new law sends a message that "when local law enforcement fail to test rape kits and just destroy them ... they are not taking these crimes seriously," she said. End the Backlog, a non-profit group which lobbies for policies to expedite rape kit processing, believes there are hundreds of thousands of untested rape kits in law enforcement facilities across the country, it said. The law’s enactment follows a campaign by Amanda Nguyen who said she was raped in the state of Massachusetts and found that her kit could be destroyed unless she requested it be preserved. "The worst thing that happened to me wasn't the rape itself, it was having to navigate through a broken criminal justice system - in my personal case that means having to fight to hold on to my untested kit from being destroyed every six months," she told the Thomson Reuters Foundation. The 25-year-old has not pressed charges yet because she now lives in Washington D.C. and doing so requires extensive time and resources, she said. The new law sets a federal standard encouraging state legislators to pass similar measures, eventually ruling out situations such as that faced by Nguyen, Poore said. (Thomson Reuters Foundation)

US: New rape survivors' law may encourage more to press charges

Pakistan&#39;s parliament will on Thursday debate bills aimed at tackling the so-called honour killings and amending its rape law, officials said, following the murder of a social media star last week.

Rights groups and politicians have for years called for tougher laws to tackle perpetrators of violence against women in Pakistan and the debate follows a slew of high-profile killings in the country.

Lawmakers from both lower and upper houses of parliament will take up proposed bills on Thursday afternoon, parliament official Hasan Murtaza Bukhari said, and votes on the suggested changes are expected within weeks.

&quot;After discussion and approval of these bills by this committee, the drafts will be tabled in a joint sitting of the house which is likely to promptly take it up,&quot; he said.

&quot;But we are not sure that how much time this process will take. The salient features of these drafts will also be known only after being presented in the committee,&quot; added Bukhari.

Prime Minister Nawaz Sharif&#39;s ruling Pakistan Muslim League (N)&nbsp;has a large majority of seats in the lower house and the bills are believed to have enough backing from opposition parties to pass in the senate too.

The proposed bills could seek to close a loophole that allows those who kill in the name of honour, &nbsp;usually a relative of the victim, &nbsp;to evade punishment by seeking clemency from other family members.

Pakistan amended its criminal code in 2005 to prevent men who kill female relatives pardoning themselves as an &quot;heir&quot; of the victim.

But punishment is left to a judge&#39;s discretion when other relatives of the victim forgive the killer, a loophole which critics say is exploited.

Social media starlet Qandeel Baloch was strangled to death by her brother on Friday, once again casting a spotlight on the custom of &quot;honour killings&quot;, which claims around a thousand lives in Pakistan every year.

Held up by many of the country&#39;s youth for her liberal views and forthrightness, was also reviled by many and frequently subject to misogynist abuse online.

Rights group Amnesty International this week called on the country to &quot;undertake structural reforms that end impunity for so-called &#39;honour&#39; killings, including by passing legislation that removes the option of clemency for such killings&quot;. 
 
(AFP)

The bills might seek to close a loophole that allows those who kill in the name of honour to seek clemency from?other family members

Pakistan's parliament will on Thursday debate bills aimed at tackling the so-called honour killings and amending its rape law, officials said, following the murder of a social media star last week. Rights groups and politicians have for years called for tougher laws to tackle perpetrators of violence against women in Pakistan and the debate follows a slew of high-profile killings in the country. Lawmakers from both lower and upper houses of parliament will take up proposed bills on Thursday afternoon, parliament official Hasan Murtaza Bukhari said, and votes on the suggested changes are expected within weeks. "After discussion and approval of these bills by this committee, the drafts will be tabled in a joint sitting of the house which is likely to promptly take it up," he said. "But we are not sure that how much time this process will take. The salient features of these drafts will also be known only after being presented in the committee," added Bukhari. Prime Minister Nawaz Sharif's ruling Pakistan Muslim League (N) has a large majority of seats in the lower house and the bills are believed to have enough backing from opposition parties to pass in the senate too. The proposed bills could seek to close a loophole that allows those who kill in the name of honour, usually a relative of the victim, to evade punishment by seeking clemency from other family members. Pakistan amended its criminal code in 2005 to prevent men who kill female relatives pardoning themselves as an "heir" of the victim. But punishment is left to a judge's discretion when other relatives of the victim forgive the killer, a loophole which critics say is exploited. Social media starlet Qandeel Baloch was strangled to death by her brother on Friday, once again casting a spotlight on the custom of "honour killings", which claims around a thousand lives in Pakistan every year. Held up by many of the country's youth for her liberal views and forthrightness, was also reviled by many and frequently subject to misogynist abuse online. Rights group Amnesty International this week called on the country to "undertake structural reforms that end impunity for so-called 'honour' killings, including by passing legislation that removes the option of clemency for such killings". (AFP)

Pakistan lawmakers to debate honour killing, rape laws

The German parliament passed a landmark &quot;no means no&quot; rape law on Thursday, broadening the definition of sex crimes and making it easier to deport migrants and refugees who commit them. 
 
After years of anguished discussion on the need for tougher treatment of rape by the German criminal justice system, the new legislation finally came together, following a spate of sexual assaults in crowds on New Year&#39;s Eve in the western city of Cologne. 
 
Deputies gave a standing ovation as the law passed the Bundestag lower house with an overwhelming majority, following an emotional debate. 
 
Dubbed the &quot;no means no&quot; law, it explicitly covers cases in which a victim withheld consent but did not physically fight back. It brings what critics call woefully lax legislation into line with that of many other developed countries. 
 
The law, entitled &quot;improving the protection of sexual self-determination&quot;, also lowers the bar for deporting sex offenders, classifies groping as a sex crime and targets assaults committed by large groups. 
 
Justice Minister Heiko Maas acknowledged that there were &quot;unacceptable gaps in protection&quot; against sexual coercion and assault in Germany. 
 
Chancellor Angela Merkel&#39;s cabinet signed off on the measures in March after the attacks in Cologne, where more than 1,000 women reported sexual assaults and robberies on New Year&#39;s Eve. These were blamed largely on Arab and North African men. 
 
The draft law was toughened again by the ruling left-right coalition last month. 
 
Cologne&#39;s police chief conceded earlier this year that most culprits may never be caught over the spate of assaults, which ranged from groping to rape, and inflamed public debate about a record influx of refugees and migrants.&nbsp; 
 
A first attempt at prosecution in May was thrown out by a court when the alleged victim said she could not identify the defendant as her attacker. 
 
A second trial stemming from the Cologne violence on Thursday saw a 21-year-old Iraqi man given a one-year suspended sentence for kissing and licking the face of a woman against her will. 
 
A 26-year-old Tunisian defendant received the same sentence for accessory to sexual assault and attempted sexual assault for another attack in the crowd.Currently, victims reporting a rape to police must demonstrate not only that they verbally declined sex but also that they resisted their assailant. 
 
The new law, which is set to come into effect in September after passage by the upper house, is intended to cover &quot;the actual situations in which most attacks occur&quot;, Maas said. 
 
These include cases in which the victim is taken by surprise, intimidated or threatened with other violence -- for example in an abusive relationship -- or is unconscious. 
 
&quot;Other countries implemented this principle of &#39;no means no&#39; long ago and it is high time that we have this paradigm shift in our own criminal law,&quot; lawmaker Carola Reimann of the Social Democrats told the Bundestag. 
 
Parliament had already in January made it easier to expel migrants and refugees convicted of crimes.&nbsp; 
 
But along with sexual offences, it required proof of additional &quot;violence, threats or physical endangerment&quot; and generally a prison sentence of at least one year before an attacker could be deported.&nbsp; 
 
The reform means any sex crime conviction can be used against an applicant in an immigration or asylum hearing. 
 
It also specifically upgrades groping to a sex crime with sentences of up to two years` jail or a fine. 
 
Merkel&#39;s conservative parliamentary group included a stipulation making it illegal to be part of a group committing assaults in a crowd. 
 
The leftist opposition withheld its support for that plank of the legislation on constitutional grounds, saying it opened the door to prosecution of innocent bystanders. 
 
Its abstentions meant that while the &quot;no means no&quot; plank passed with a unanimous 601 votes, the other two planks carried only with large majorities. 
 
News agency DPA cited figures that 8,000 rapes are reported in Germany each year but that only one in 10 victims files charges. Moreover, only one in 10 rape complaints leads to a conviction. 
 
The latest reform drive began in 2011 with the passage of a Council of Europe convention on preventing and combating violence against women, requiring signatories to penalise all non-consensual sexual acts. 
 
&quot;Rape cannot be limited to just physical assault,&quot; Council of Europe Secretary General Thorbjorn Jagland said, adding that Germany`s law should encourage more countries to sign the convention. 
 
(AFP)

The new law will make it easier for the country to deport migrants and refugees who commit the crime

The German parliament passed a landmark "no means no" rape law on Thursday, broadening the definition of sex crimes and making it easier to deport migrants and refugees who commit them. After years of anguished discussion on the need for tougher treatment of rape by the German criminal justice system, the new legislation finally came together, following a spate of sexual assaults in crowds on New Year's Eve in the western city of Cologne. Deputies gave a standing ovation as the law passed the Bundestag lower house with an overwhelming majority, following an emotional debate. Dubbed the "no means no" law, it explicitly covers cases in which a victim withheld consent but did not physically fight back. It brings what critics call woefully lax legislation into line with that of many other developed countries. The law, entitled "improving the protection of sexual self-determination", also lowers the bar for deporting sex offenders, classifies groping as a sex crime and targets assaults committed by large groups. Justice Minister Heiko Maas acknowledged that there were "unacceptable gaps in protection" against sexual coercion and assault in Germany. Chancellor Angela Merkel's cabinet signed off on the measures in March after the attacks in Cologne, where more than 1,000 women reported sexual assaults and robberies on New Year's Eve. These were blamed largely on Arab and North African men. The draft law was toughened again by the ruling left-right coalition last month. Cologne's police chief conceded earlier this year that most culprits may never be caught over the spate of assaults, which ranged from groping to rape, and inflamed public debate about a record influx of refugees and migrants. A first attempt at prosecution in May was thrown out by a court when the alleged victim said she could not identify the defendant as her attacker. A second trial stemming from the Cologne violence on Thursday saw a 21-year-old Iraqi man given a one-year suspended sentence for kissing and licking the face of a woman against her will. A 26-year-old Tunisian defendant received the same sentence for accessory to sexual assault and attempted sexual assault for another attack in the crowd.Currently, victims reporting a rape to police must demonstrate not only that they verbally declined sex but also that they resisted their assailant. The new law, which is set to come into effect in September after passage by the upper house, is intended to cover "the actual situations in which most attacks occur", Maas said. These include cases in which the victim is taken by surprise, intimidated or threatened with other violence -- for example in an abusive relationship -- or is unconscious. "Other countries implemented this principle of 'no means no' long ago and it is high time that we have this paradigm shift in our own criminal law," lawmaker Carola Reimann of the Social Democrats told the Bundestag. Parliament had already in January made it easier to expel migrants and refugees convicted of crimes. But along with sexual offences, it required proof of additional "violence, threats or physical endangerment" and generally a prison sentence of at least one year before an attacker could be deported. The reform means any sex crime conviction can be used against an applicant in an immigration or asylum hearing. It also specifically upgrades groping to a sex crime with sentences of up to two years` jail or a fine. Merkel's conservative parliamentary group included a stipulation making it illegal to be part of a group committing assaults in a crowd. The leftist opposition withheld its support for that plank of the legislation on constitutional grounds, saying it opened the door to prosecution of innocent bystanders. Its abstentions meant that while the "no means no" plank passed with a unanimous 601 votes, the other two planks carried only with large majorities. News agency DPA cited figures that 8,000 rapes are reported in Germany each year but that only one in 10 victims files charges. Moreover, only one in 10 rape complaints leads to a conviction. The latest reform drive began in 2011 with the passage of a Council of Europe convention on preventing and combating violence against women, requiring signatories to penalise all non-consensual sexual acts. "Rape cannot be limited to just physical assault," Council of Europe Secretary General Thorbjorn Jagland said, adding that Germany`s law should encourage more countries to sign the convention. (AFP)

Germany toughens rape law after Cologne mob assaults

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