In Germany, they propose changing the approach to defining consent for intimacy: only "yes" means "yes"
The German Minister of Justice Stefanie Hubig has advocated for strengthening the legal norms regarding the definition of consent to sexual relations. She proposes introducing the principle that "only 'yes' means 'yes'", replacing the current approach of "no means no". This was reported by Tagesschau.
According to the minister's proposal, sexual contact can be considered consensual only if all parties clearly and unequivocally expressed their consent and were in a state of awareness of their actions.
Stefanie Hubig plans to discuss possible changes within the government coalition. She noted that there is already broad support within the government for implementing such an approach, at least in legislation concerning minors.
"I think that now we also need to discuss with the coalition whether we can take a full step," the minister said. According to her, the new approach will provide better protection for victims and make legal norms clearer.
Currently, Germany follows a rule introduced in 2016, according to which a criminal offense is recognized when one party clearly expresses unwillingness to engage in sexual contact. It is not necessary to prove physical resistance to consider the act as occurring without consent.
The proposed "only 'yes' means 'yes'" approach implies that the absence of objection cannot automatically be interpreted as consent.
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