Will Germany finally ban the possession of rape videos?

While possession of child abuse videos is punishable, only possession of adult rape videos in Germany is still allowed. The Minister of Justice of Lower Saxony, Katrin Wallmann (SPD), wants to change that, writes Deutsche Welle.

"I want the possession and distribution of rape videos to be punishable," she said in an interview with the German public broadcaster NDR. "If the perpetrators themselves are not aware of the injustice, then the state must react with the means of criminal law and punish it," said Wallman.

Rapist network uncovered

The reason for this initiative is a multi-year investigation by NDR journalists that uncovered a global network of rapists. That network was formed over the years on publicly available porn sites and in correspondence groups, and one of those groups had more than 70.000 members.

Members of the network share information on how to drug and rape women without being noticed. The crimes are then recorded and shared online with others. There are many Germans among them.

More than 14 million views

One case was discovered only thanks to the NDR's investigation: a man from Lower Saxony drugged and raped his wife for at least 15 years. He recorded serious sexual crimes and posted videos on porn sites. One of those videos was viewed 3,9 million times on one page. In total, the videos have been viewed more than 14 million times.

Despite the huge number of views and public sharing of footage, the case was not the subject of an investigation. An investigation was launched only after multiple inquiries from NDR journalists. The house was searched, and the wife then found out about the crimes committed against her under the influence of drugs.

The footage is still circulating.

Since then, her life has completely changed, as she told NDR: "I constantly have nightmares. Sometimes my inner turmoil keeps me awake all night and I constantly have the feeling that I am not safe," says Marlena.

Although the perpetrator, Marlene's husband, was arrested, the videos he made are still circulating. For Marlena, it represents an additional burden.

"One video with me was viewed almost four million times. If only one percent of users downloaded the video, that's 40.000 downloads. If only one percent of them reposted the video online, that's 400 new posts. They then spread quickly and that really scares me," says Marlena.

"Any person who posts such a perverted, really perverted video is raping us women a second time," says Marlena. "There is also a danger that they will like it and say: 'I will make a video like that too.'" It must be stopped, it must be punishable, she demands.

Expert supports ban

Watching real footage of rape can encourage such acts in reality, claims psychiatrist Andreas Hill. "Seeing it probably increases the chances that people who have done it before will do it again."

Hill supports the ban: "Such displays, as well as their consumption and possession, should be punishable, as is the case with child abuse videos." The ban might deter some people from viewing such content.

For victims, preventing further spread is crucial. "If the victims know or even have an inkling that someone is using the videos for sexual pleasure and sharing them with others, then that is an additional trauma. It often takes a heavy toll on the person, sometimes more than the assault itself."

Legal pitfalls

However, Hill warns of pitfalls: "Don't be fooled that a ban alone will solve the problem and prevent people from consuming such content."

It is important to distinguish real rape footage from staged footage. "It must be ensured that these are real attacks and not content created with consent," he emphasizes.

Minister Valman proposes a similar regulation as for child pornography: "Possessing and sharing rape videos should be punishable, regardless of whether it is shared in a large network or with an acquaintance."

Caution in legislation

Criminal law expert Tatjana Hernle also sees the possibility of doing the same with child abuse videos: "With child pornography, there is already a solution that equates real and realistic depictions."

Hernle therefore only proposes to expand the existing article of the law. "The Criminal Code currently recognizes the crime of violence related to pornography, but the concept of violence is very narrow - it only includes serious physical violence, such as hitting."

Rapes, even with the use of drugs, would not be automatically covered. This could be amended in Article 184a, with a possible increase in the penalty.

Hernle warns against hasty policy moves. "In recent years, there have been several changes in sexual criminal law, but they have not been well coordinated. We need a consistent solution on how to deal with images on the Internet," she concludes.