| Popis: |
Whether in Germany or abroad, victims of sexual violence typically played only a minor part in criminal proceedings, serving primarily as witnesses due to the widespread public and objective nature of the trial.1 This led to victim disempowerment and a paternalistic method of State protection of victims.2 During the last decades, this perception underwent major changes in European legal systems, owing to a rising awareness of victim’s needs, especially in cases of sexual violence.3 International and European conventions and treaties played a major role4 by establishing an international regulatory framework. To implement those international standards, domestic criminal laws have changed significantly on both substantive and procedural levels. Today, Germany’s criminal procedure law contains many mechanisms for protecting victims. Nevertheless, in cases of sexual violence, the implementation of these mechanisms in criminal proceedings leaves much to desire due to the affect of gender stereotypes and rape myths. This Article argues that in these cases the law in action ultimately fails to meet international requirements. |
