Considerable verbal sexual harassment should be punishable according to the will of the SPD parliamentary group. “Although every simple insult is punishable by law, even offensive and intimidating verbal sexual harassment is generally not punishable,” explained the legal policy spokeswoman for the parliamentary group, Sonja Eichwede. She referred to a decision by the Federal Court of Justice, which ruled that a 65-year-old man’s request that an 11-year-old girl follow him because he “wanted to touch her pussy” was not punishable. “There is a need for action here,” emphasized Eichwede.
The SPD parliamentary group is proposing a new criminal offense for “specific, obviously unwanted and significant verbal and non-physical sexual harassment,” as stated in a draft position paper that the parliamentary group wants to adopt this Tuesday. It is available from the German Press Agency in Berlin. “Harassment is particularly significant if it involves a person in a sexual event, has a humiliating or intimidating character, lasts for a certain period of time or if the person concerned cannot reasonably avoid it,” says the draft.
According to the parliamentary group, there are facts in the penal code and in the law on administrative offenses. In most cases, however, these are not met in the case of verbal and non-physical sexual harassment, so that verbal sexual harassment generally goes unpunished. There is also generally no remedy for obscene and intimidating sexual harassment.
“Violence against women is still not taken seriously”
“That is not acceptable in an equal society,” said MP Carmen Wegge, who is responsible for the topic in the SPD parliamentary group. “Violence against women is still often not taken seriously in our society, although the extent is huge. Verbal sexual harassment is also played down, but the consequences are considerable: from the avoidance of certain public places by those affected to psychological consequences such as depression, insomnia and lack of drive.”
According to the parliamentary group, it should not be about any form of sexism. “Because the enforcement of moral ideas is not the task of sexual criminal law.” However, below a certain threshold, interference with the right to sexual self-determination does not deserve sanctions, according to the paper. “This includes unwanted compliments and statements with a sexual reference such as kissing noises and whistles or comments related to appearance.”
