Administrative data sources on GBV in
Administrative data sources
Administrative data sourceGermanyViolence, Justice
Fachserie 10 – Rechtspflege des Statistischen Bundesamtes
Administrative data sourceGermanyViolence, Justice
Statistical productGermanyViolenceProsecution Criminal Court Statistics-Convicted (Germans and Foreigners, by type of offence and age and by type of decision -e.g. acquittal , criminal conviction, sentence-)since 2007)
Statistical productGermanyViolencePenal Prison Statistics(Prisoners and persons in preventive custody with demographic and criminological characteristics)
GermanyGeneral legal definitionViolence, JusticeLegal provisions on protection orders:
Civil Protection Orders: Violence Protection Act:
Protection orders do not require or depend on any specified relationship, but can be taken out to provide safety from any person who has intentionally and tortious injured the body, the health or the liberty of another. This provision explicitly also applies to stalking and threats of bodily harm or illegal restraint. (§ 1 Gewaltschutzgesetz)
Eviction orders are also in this cases (i.e. intentionally and tortious injuring the body, the health or the liberty of another; also in cases of threats of bodily harm or illegal restraint) are possible, if the victim and the perpetrator are living together in a household. The duration of the eviction depends on the ownership of the apartment or the lease contract (leased together, one partner alone); generally duration 6 month. (§ 2 Gewaltschutzgesetz)
Both orders could be issued as a temporary order in expedited proceedings
Protection order by the police
The Police laws of the Länder allows the police to remove perpetrators for 7 - 14 days in cases of physical violence, threats of violence and stalking and can cover the victims dwelling and the surrounding area. These orders are issued to prevent further violence.
Protection order in criminal cases
Criminal law protection orders are available. Generally these are issued in cases of a suspension of the sentence on probation.
GermanyViolence, JusticeIntimate Partner ViolenceObservations
There does not exist a legal definition, but a policy definition is used by federal and state governments.
In especially serious cases the penalty shall be imprisonment of not less than two years. An especially serious case typically occurs if
- the offender performs sexual intercourse with the victim or performs similar sexual acts with the victim, or allows them to be performed on himself by the victim, especially if they degrade the victim or if they entail penetration of the body (rape); or
- the offence is committed jointly by more than one person.
Offence of rape together with sexual assault. Sexual assault and rape used to be treated as separate offences in the past.Legal Source:
Criminal Code, Section 177 (2)
GermanyViolence, JusticeSexual Assault (excl. rape)
Whosoever coerces another person, by force, by threat of imminent danger to life or limb, or by exploiting a situation in which the victim is unprotected and at the mercy of the offender, to suffer sexual acts by the offender or a third person on their own person or to engage actively in sexual activity with the offender or a third person, shall be liable to imprisonment of not less than one year.Legal Source:
Criminal Code, Section 177, Paragraph 1
GermanyViolence, JusticeSexual Harassment
Sexual Harassment is no separate criminal offense; it could be libel and slander:
Libel and slander
Art. 185 StGB
Insult: An insult shall be punished with imprisonment not exceeding one year or a fine and, if the insult is committed by means of an assault, with imprisonment not exceeding two years or a fine.
Art. 186 StGB
Defamation: Whosoever asserts or disseminates a fact related to another person which may defame him or negatively affect public opinion about him, shall, unless this fact can be proven to be true, be liable to imprisonment not exceeding one year or a fine and, if the offence was committed publicly or through the dissemination of written materials (section 11(3)), to imprisonment not exceeding two years or a fine.
Art. 187 StGB
Intentional defamation: Whosoever intentionally and knowingly asserts or disseminates an untrue fact related to another person, which may defame him or negatively affect public opinion about him or endanger his creditworthiness shall be liable to imprisonment not exceeding two years or a fine, and, if the act was committed publicly, in a meeting or through dissemination of written materials (section 11(3)) to imprisonment not exceeding five years or a fine.
The Antidiscrimination Law provides a legal definition for sexual harassment (in the context of harassment at the workplace):
“Sexual harassment shall be deemed to be discrimination in relation to Section 2(1) Nos 1 to 4, when an unwanted conduct of a sexual nature, including unwanted sexual acts and requests to carry out sexual acts, physical contact of a sexual nature, comments of a sexual nature, as well as the unwanted showing or public exhibition of pornographic images, takes place with the purpose or effect of violating the dignity of the person concerned, in particular where it creates an intimidating, hostile, degrading, humiliating or offensive environment.”Legal Source:
First legal prohibition in the “Protection of Employees Act”. An evaluation in 2002 found implementation was weak and uneven. As a consequence, the prohibition of harassment was included and expanded in the 2006 General Equal Treatment Act.
Criminal Code: Whosoever unlawfully stalks a person by 1) seeking his proximity, 2) trying to establish contact with him by means of telecommunications or other means of communication or through third persons, 3) abusing his personal data for the purpose of ordering goods or services for him or causing third persons to make contact with him, 4) threatening him or a person close to him with loss of life or limb, damage to health or deprivation of freedom, or 5) committing similar acts, and thereby seriously infringes his lifestyle shall be liable to imprisonment not exceeding three years or a fine.
Violence Protection Act: a person unlawfully and with intent unreasonably harasses another person in that he repeatedly stalks that person against that person's expressly stated wishes or hounds that person by means of telecommunications.Observations
First defined in Germany in Protection Against Violence Act of 2002 which made protection orders available for stalking.Legal Source:
Criminal Code, Article 238 and Violence Protection Act,Article 1 Paragraph 2
Literature and legislation
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This is an evaluation form to be filled by multi-professional that have partecipate to the project “...