Germany’s Vicious Cycle: Violence Against Women

Last month, the Criminological Research Institute of Lower Saxony released a report that suggests that in Germany, survivors of rape are finding it increasingly difficult to see their assailants convicted. Over the past 20 years, the conviction rate of German rape cases has nosedived from 22% to 8%. The numbers are actually direr because they are not evenly spread. In the three richest states, 24% of rape cases end in conviction, and the number of reported rape cases has dropped by a third. In the three poorest states, 4% of rape cases end in conviction, while the number of reported cases has actually increased by 40%.

This gross and growing inequality is further intensified by unequal access to technology. The study finds that the states that videotape survivors’ accounts have a much higher conviction rate. North Rhine-Westphalia does not use recordings. It was in a court in Essen, in North Rhine-Westphalia, in 2012, where the court told a fifteen-year old survivor of sexual violence that although she had screamed and shouted “No!” repeatedly, she had not sufficiently defended herself, and so there was no rape. The judge’s ruling was based on a similar case in 2006.

Image

The report suggests three large frameworks by which to read the German situation. First, in 1998, the State made marital rape illegal, which explains the spike in the reported number of sex crimes committed by partners.  Second, the Courts’ understanding of what constitutes sexual violence, and rape in particular, poisons both police station and courthouse. If women know the bar for “sufficient defense” is impossibly high, why come forth? If police know the judge will demand a great deal, why process cases? Across Germany, women are organizing to force the government to change the laws. Finally, the report notes that police officers, prosecutors and courts are understaffed and overworked.

And so “naturally”, when understaffed and overworked, violence against women is brushed aside? No! This brushing off is part of a national development programme. Over the past 20 years, the period of the study, inequality in Germany has grown. Some states grew richer and richer, and some poorer and poorer, and the distance between the two groups grew. At the same time, Germany bought into parts of the American system of mass incarceration, which means that the police, prosecutors and judges in certain areas were so busy that they could not attend to women. Women in poorer states became collateral damage for the enrichment of the few.

Some have called the disparity between rich and poor states a vicious cycle. According to Christian Pfeiffer, Director of the Criminological Research Institute, “For Germany, this is unacceptable.” It should be unacceptable everywhere, and yet where is the country in which poor and rich are treated equally by the State? What is to be done?

By Dan Moshenberg

 

Dan Moshenberg writes at Women In and Beyond the Global and at Africa Is a Country, and is Director of the Women’s Studies Program at The George Washington University (GWU) in Washington, D.C. GWU and Rape Crisis are in a partnership to write together about the dearth of essential services to women in the context of a global funding crisis and to explore how technology can help find innovative and cost effective ways of addressing the problem.

Advertisements
This entry was posted in Criminal Justice System by rapecrisisblog. Bookmark the permalink.

About rapecrisisblog

We have a vision of a South Africa in which rape survivors suffer no secondary trauma, and are supported throughout their interaction with the Criminal Justice System (CJS). Our mission is to promote an end to violence against women, specifically rape, and to assist women to achieve their right to live free from violence. Rape Crisis Cape Town seeks to achieve its mission through counselling and training of women, thereby reducing the trauma experienced by rape survivors, and encouraging reporting of rape and the conviction of rapists.

2 thoughts on “Germany’s Vicious Cycle: Violence Against Women

  1. The idea of using videography to take statements from rape victims right after the event and then using this as evidence in court could be a way of reducing the secondary trauma that rape survivors experience in court when they are forced to relive the trauma of the rape. It would also show the survivor’s reactions in the immediate aftermath of the rape, which could be very powerful for the court. It could also deal with the issue we currently face of poorly written statements completed by the South African Police Service. It would be interesting to find out what a technological solution like this would cost to implement.

  2. It is interesting to see the links between Germany and South Africa in the huge gap between richer and poorer provinces in South Africa. Reporting a rape case to a well resourced police station in an affluent area in the Western Cape and reporting at a poorly resourced one in say Limpopo is a very different thing, although there are some pockets of excellence. Minimising these discrepancies and creating norms and standards that apply throughout the country is something the government should be working on quite actively by adopting a more coordinated approach to sexual offences nationally and by working more closely with civil society organisations.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s