A German teenager who said she was raped by a 31-year-old man was told by the judge she had not defended herself enough for the law to convict him – simply saying no was not enough.The young girl told her rapist to "stop" assaulting her, but that was not enough for the court to convict him:
The physically strong man and the girl had sex, despite her having told him, “No, I don’t want to,” the court heard.
“This is not enough to meet one of the three conditions laid out in paragraph 117 of the criminal law code,” Wolfgang Schmidt, spokesman for the court and a judge himself, told The Local.
“The door to the flat was unlocked, it was in a building with other flats. She could have left with the other women or called out for help, for example. There was no evidence presented to the court of violence being used, or threatened, and her position could not be described as defenceless.
To which the Mädchenmannschaft blog comments sardonically:
"Man kann schließlich von keinem Mann erwarten, dass er ‚Nein ich will keinen Sex‘ versteht!"
(You can't expect any man to understand it when you say:"No, I don't want to have sex!")
Of course, in the US, even consensual sex with a child under 17 is considered "statutory rape", although I suspect that many American Republicans would agree with the German court that the case here does not meet the standards of "legitimate rape.
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