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Thursday, December 29, 2011

Bavarian Justice Minister demands change to the statute of limitations for sexual abuse cases

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Justiz in Bayern - Ministerium - Pressemitteilung 132/11:

Beate Merk (Bavarian Minister for Justice) demands extension of the statute of limitations for sexual abuse: "protection of victims must not fail due to the statute of limitations!"

At the latest in November everywhere there are warnings: Attention warranty due to expire! Usually, they are claims for damages or about purchase price. Usually only our bank account is threatened. The statute of limitations is quite different in criminal law. Bavarian Justice Minister, Beate Merk: "If a victim of sexual abuse is struggling to bring his tormentors to justice, and then the prosecutor gets the answer" Sorry, unfortunately a case is not possible', then something is wrong in our constitutionally-based state! "

Sexual violence is a crime that places a lifetime burden on the victim. The childhood and youth of the victims are destroyed forever, and even as adults, victims are still suffering from the consequences. A normal reaction is the displacement of many victims. Only long after the deeds are they mentally able to reveal their story of suffering and to see the culprit. Policy objective:.. "We must not accept any longer that the victims suffer throughout their lives, while the perpetrators are in many cases after ten years safe from any prosecution. An assailant who abuses a child sexually commits a heinous crime which should be consistently pursued and punished. If prosecution fails due to the expiration of deadlines, we mock justice ".

Merk therefore reiterates her call for an extension of time limits for prosecuting and punishing sexual abuse of children to at least 30 years. The limitation period should in the opinion of Merk begin with the 21st and not as is now the case with the 18th birthday of the victim.


Incredibly, there is long-term opposition to Beate Merk's proposal.  This article from almost two years ago.

Vorstoß aus Bayern: Missbrauch soll erst nach 30 Jahren verjähren - Nachrichten Politik - Deutschland - WELT ONLINE:

Strong criticism for the proposal came from the Opposition. "A society based on constitutional law is not only punitive but also a forgiving", the  Alliance 90/The Greens spokesman in parliament on legal matters, Jerzy Montag told Welt Online. The current limitation periods are sufficient. Montag called the Merk proposals "absurd": "The policy is not based on Christianity  but on fundamentalist rancour."   (The German left has an entirely discreditable past to conceal on these matters, especially Cohn-Bendit, one of the Green's leaders and now an MEP)

Even in the CDU, Merk's proposal is controversial. "A blanket extension of the limitation period to 30 years is without purpose," said the legal affairs spokesman of the CDU / CSU faction in the Bundestag, Michael Grosse-Brömer to Welt Online. The decisive point is the severity of the offense. Grosse-Brömer argued for, in less serious cases, to raise the statute of limitations from five to ten years. Also, it would make sense to treat sexual abuse of children basically as a "crime" category, with a minimum sentence of one year in prison. So far, sexual abuse of children are classified as "misdemeanors" (Cathcon!!!)

Justice Minister received support from the Deutsche Kinderhilfe. "Especially with sexual offenses against children, the victims sometimes only talk about itecades later," said Chairman George Ehrmann to this newspaper. His association has therefore been calling for some time to extend the limitation period to 30 years.

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