The debate over reforming sexual criminal law is often accompanied by a misunderstanding: that a written contract will be required before every sexual act. As the Süddeutsche Zeitung clarifies in an opinion piece, proponents of stricter laws are not after bureaucracy in the bedroom. No one seriously demands that couples exchange a document with date and signature before sex.
Rather, the question is how Germany can better protect victims of sexual violence. The core of the reform: In the future, sex should only be legal if both partners have explicitly consented beforehand – a clear “yes” instead of silent toleration. This would reverse the burden of proof: The victim would no longer have to explain why they did not resist; instead, the perpetrator would have to demonstrate that they had consent.
Opponents of the reform warn of a “bureaucratization” of sexuality and legal uncertainty. But the author of the SZ piece counters: It is not about forms, but about a cultural and legal clarification. “How good is German sexual criminal law – and what would make it better?” asks law professor Leonie Steinl, who does not always consider stricter laws the best path. The debate shows that society is divided on where the line between consent and assault lies.
The demand for a “only yes means yes” principle is not new internationally. Countries like Sweden or Canada have already introduced corresponding regulations. There, prosecutors must prove that the perpetrator did not obtain explicit consent – not that the victim did not resist. Experience shows that conviction rates rise without a flood of trials.
In Germany, such a reform would be a paradigm shift. Currently, criminal law follows the principle “no means no”: Only those who actively resist or recognizably do not consent are protected. Those who freeze from shock or fear and remain silent often have no legal recourse. The reform would close precisely this gap – and relieve victims who would no longer have to justify their silence.
The author of the SZ piece advocates for a factual debate without polemics. It is not about a “sex police,” but about justice. Politics is called upon not to let the reform fail due to misunderstandings. The proposal is on the table – now the Bundestag must decide whether to prioritize the protection of victims over the comfort of the familiar.
Source: www.sueddeutsche.de
