By Kelsie Merrick

On New Year’s Eve in Cologne, Germany, hundreds of women reported being sexually assaulted. I, along with many other people, heard about this and was quite disgusted. It was uncertain as to what would happen to these women and if, when the perpetrators were identified, what would the punishment be. Unfortunately, for them, no one will be held accountable for these actions. When I found this out, I was completely shocked because I know in the United States, for the most part, people are reprimanded for their sexual assault actions. I chose to look more into this topic and here is what I found.

Chantal Louis, an editor at Emma, one of Germany’s oldest feminist magazines, says, “the German law accepts that a man generally has the right to touch a woman, to have sexual intercourse with a woman. It’s his right unless the woman shows her resistance very, very strongly.” In the logic of German law, if touching of a woman’s breasts or vagina happens quickly, the law will not punish the perpetrator because the victim did not have enough time to resist the action. As far as the law is concerned, the issue is not verbal consent. The law requires that there be a “threat of imminent danger to life and limb.” That is, if a woman, or any person for that matter, cannot prove with their body (with bruises or other injuries) that they fought back, then the assault is not a crime. In Die Zeit, a German newspaper, a male German defense lawyer reported, “a woman must carry her ‘no’ through. We [men] can hardly know with a simple ‘no,’ whether she really means it.” According to national statistics, “between 7,000 and 8,000 rapes are reported every year.” BFF, a national association of women’s help groups based in Berlin, believes these numbers only represent 5% of the real number of cases. BFF also states, “only 13% of rape cases result in convictions.” One possible explanation for this is the law’s limitations.

Interestingly enough, in German workplace it is clear that “it’s not OK for someone to touch you, to try to kiss you, to lay a hand on your back.” This is called “sexual harassment at the workplace” and every women and man knows it is unacceptable. Heike Lütgart, a criminologist and career police officer with decades of experience investigating gender-based violence, says that not having a law outside of the workforce is a tremendous problem for women because they do not realize that they do not have this protection.

After reading about the laws in Germany surrounding sexual assault, I became curious about how the three most populated countries handled sexual assault. In China, they recently overturned a law that “mandated a more lenient punishment for men who had sex with girls under the age of 14 if they could ‘prove’ that they paid the girl for sex.” There is now a heavy mandatory penalty for this crime with the highest punishment being the death penalty. India passed a new Anti-Rape bill in April of 2013. This bill includes crimes such as acid violence, stalking, and voyeurism. Attackers can be charged anywhere between 14 years in prison to the death sentence for extreme cases. The bill states that even if the victim does not physically struggle, that does not constitute as consent. Unfortunately, marital rape is still legal, but the age of consent was raised from 16 to 18.

I then looked at the United States. According to the Centers for Disease Control and Prevention, nearly 30 percent of U.S. women experience some kind of unwanted sexual contact in their lifetime. The Model Penal code, the go-to documents for lawmakers rewriting their criminal laws, still allows for men to rape their wives, but this “marital exemption” has been outlawed in all 50 states since the 1990s. It was not until about the middle of the 20th century that victims needed to prove their chastity for their cases to be taken seriously. In the United States, forty-three states and the District of Columbia specify that unwanted sexual contact is prohibited. Five states have laws prohibiting battery, public indecency or “lewd and lascivious” behavior. Mississippi and Idaho, on the other hand, do not have “criminal laws that clearly forbid unwanted sexual touching such as groping and fondling.” In 2013, Mississippi’s Democratic state Republic Kimberly Campbell proposed a bill to create a misdemeanor crime called “indecent assault.” This bill would handle adult fondling cases, which could prevent future crimes by stopping the act early. The bill died due to the fact the bill was too vague with the explanation of intent and opponents feared that the bill could “criminalize accidental touching or bumping.” On the other hand, there has been an indecent assault law in Pennsylvania since the 1970s. Deputy District Attorney Janet Necessary says that she takes several dozen of these cases a year. Her office has used this law to prosecute cases involving supervisors who have sexually harassed their workers in a physical way.

We, the citizens of the United States, need to work together to first, create a universal law across all 50 states to protect unwanted sexual touching/assaults against women and men. Second, eventually, spread this idea to other countries so that no human being has to live through such an uncomfortable situation.