Mich erreichte ein interessanter Hinweis per Email (vielen Dank dafür):
Die Europäische Kommission hat einen Vorschlag für eine Richtlinie über die Bekämpfung von Gewalt gegen Frauen und häuslicher Gewalt vorgestellt,Erfreulich daran ist zumindest, dass häusliche Gewalt nicht einfach unter Gewalt gegen Frauen subsummiert wird. Im „Explanatory memorandum“ heißt es sogar:„Domestic violence is a form of violence against women as it disproportionately affects women. […] However, anyone can be a potential victim of such violence, regardless of their sex or gender. In the case of domestic violence, in particular, it can affect any person, including men, younger or older people, children and LGBTIQ1 persons.“ (S. 1).Nun könnten Sie wahrscheinlich einige Argumente dafür anführen, dass häusliche Gewalt nicht gar so überproportional (disproportionately) Frauen trifft, aber seien wir nicht kleinlich. Immerhin wird ausdrücklich anerkannt, dass auch Männer Opfer häuslicher Gewalt sein können. Und zumindest steht dort nicht expressis verbis, dass die Täter ausschließlich Männer seien …Damit meint die Kommission offenbar, der Gleichberechtigung, die ihr angeblich so wichtig ist, Genüge getan zu haben, denn bei Vergewaltigungen geht es nur noch um weibliche Opfer. Vergewaltigung wird in Artikel 5 definiert als„(a) engaging with a woman in any non-consensual act of vaginal, anal or oral penetration of a sexual nature, with any bodily part or object; (b) causing a woman to engage with another person in any non-consensual act of vaginal, anal or oral penetration of a sexual nature, with any bodily part or object.“ (S. 35)Ob den Verfassern bei dieser Definition ein wenig unwohl war? Seltsam ist zumindest, dass sie nicht bei den anderen Definitionen in Artikel 4 steht. Aber wie dem auch sei, Männer können nach Auffassung der Kommission offenbar nicht vergewaltigt werden oder es ist ihr kein Anliegen, dafür zu sorgen, dass die Vergewaltiger von Männern bestraft werden und ihre Opfer Hilfe erhalten. Das Virtue signalling zum internationalen Frauentag scheint die Missachtung männlicher Opfer zu erfordern (und natürlich auch aller sonstigen Personen, die sich nicht als Frauen sehen).Könnte man anführen, wenn jemand wissen will, was „gender empathy-gap“ bedeutet.Ich bin gespannt, ob die Richtlinie in dieser Form verabschiedet wird, es würde mich leider nicht wundern.
Article 5
Rape
1. Member States shall ensure that the following intentional conduct is punishable as a criminal offence:
(a) engaging with a woman in any non-consensual act of vaginal, anal or oral penetration of a sexual nature, with any bodily part or object;
(b) causing a woman to engage with another person in any non-consensual act of vaginal, anal or oral penetration of a sexual nature, with any bodily part or object.
2. Member States shall ensure that a non-consensual act is understood as an act which is performed without the woman’s consent given voluntarily or where the woman is unable to form a free will due to her physical or mental condition, thereby exploiting her incapacity to form a free will, such as in a state of unconsciousness, intoxication, sleep, illness, bodily injury or disability.
3. Consent can be withdrawn at any moment during the act. The absence of consent cannot be refuted exclusively by the woman’s silence, verbal or physical nonresistance or past sexual conduct.Article 6
Female genital mutilation
Member States shall ensure that the following intentional conduct is punishable as a criminal
offence:
(a) excising, infibulating or performing any other mutilation to the whole or any part of the labia majora, labia minora or clitoris;
(b) coercing or procuring a woman or a girl to undergo any of the act referred to in point (a).Article 7
Non-consensual sharing of intimate or manipulated material
Member States shall ensure that the following intentional conduct is punishable as a criminal offence:
(a) making intimate images, or videos or other material depicting sexual activities, of another person without that person’s consent accessible to a multitude of end-users by means of information and communication technologies;
(b) producing or manipulating and subsequently making accessible to a multitude of end-users, by means of information and communication technologies, images, videos or other material, making it appear as though another person is engaged in sexual activities, without that person’s consent;
(c) threatening to engage in the conduct referred to in points (a) and (b) in order to coerce another person to do, acquiesce or refrain from a certain act.Article 8
Cyber stalking
Member States shall ensure that the following intentional conduct is punishable as a criminal offence:
(a) persistently engaging in threatening or intimidating conduct directed at another person, by means of information and communication technologies, which causes that the person fears for own safety or that the person fears for safety of dependants;(b) placing another person under continuous surveillance, without that person’s consent or legal authorisation to do so, by means of information and communication technologies, to track or monitor that person’s movements and activities;
(c) making material containing the personal data of another person, without that person’s consent, accessible to a multitude of end-users, by means of information and communication technologies, for the purpose of inciting those end-users to cause physical or significant psychological harm to the person.Article 9
Cyber harassment
Member States shall ensure that the following intentional conduct is punishable as a criminal offence:
(a) initiating an attack with third parties directed at another person, by making threatening or insulting material accessible to a multitude of end-users, by means of information and communication technologies, with the effect of causing significant psychological harm to the attacked person;
(b) participating with third parties in attacks referred to in point (a).Article 10
Cyber incitement to violence or hatred
Member States shall ensure that the intentional conduct of inciting to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex or gender, by disseminating to the public material containing such incitement by means of information and communication technologies is punishable as a criminal offence.Article 11
Incitement, aiding and abetting, and attempt
1. Member States shall ensure that inciting and aiding and abetting the commission of any of the criminal offences referred to in Articles 5 to 9 are punishable as criminal offences.
2. Member States shall ensure that an attempt to commit any of the criminal offences referred to in Articles 5 and 6 is punishable as a criminal offence.Article 12
Penalties
1. Member States shall ensure that the criminal offences referred to in Articles 5 to 11 are punishable by effective, proportionate and dissuasive criminal penalties.
2. Member States shall ensure that the criminal offence referred to in Article 5 is punishable by a maximum penalty of at least 8 years of imprisonment and at least 10 years of imprisonment if the offence was committed under aggravating circumstances referred to in Article 13.
3. Member States shall ensure that an offender of the criminal offence referred to in Article 5, who has previously been convicted of offences of the same nature, mandatorily participates in an intervention programme referred to in Article 38.
4. Member States shall ensure that the criminal offence referred to in Article 6 is punishable by a maximum penalty of at least 5 years of imprisonment and at least 7 years of imprisonment if the offence was committed under aggravating circumstances referred to in Article 13.
5. Member States shall ensure that the criminal offences referred to in Articles 8 and 10 are punishable by a maximum penalty of at least 2 years of imprisonment.
6. Member States shall ensure that the criminal offences referred to in Articles 7 and 9 are punishable by a maximum penalty of at least 1 year of imprisonment.Article 13
Aggravating circumstances
In so far as the following circumstances do not already form part of the constituent elements of the criminal offences referred to in Articles 5 to 10, Member States shall ensure that they may be regarded as aggravating circumstances in relation to those offences:
(a) the offence, or another criminal offence of violence against women or domestic violence, was committed repeatedly;
(b) the offence was committed against a person made vulnerable by particular circumstances, such as a situation of dependence or a state of physical, mental, intellectual or sensory disability, or living in institutions;
(c) the offence was committed against a child;(d) the offence was committed in the presence of a child;
(e) the offence was committed by two or more persons acting together;
(f) the offence was preceded or accompanied by extreme levels of violence;
(g) the offence was committed with the use or threat of using a weapon;
(h) the offence was committed with the use of force or threats to use force, or coercion;
(i) the offence resulted in the death or suicide of the victim or severe physical or
psychological harm for the victim;
(j) the offender has previously been convicted of offences of the same nature;
(k) the offence was committed against a former or current spouse or partner;
(l) the offence was committed by a member of the family or person cohabiting with the victim;
(m) the offence was committed by abusing a recognised position of trust, authority or influence;
(n) the offence was filmed, photographed or recorded in another form and made accessible by the offender;
(o) the offence was committed by causing the victim to take, use or be affected by drugs, alcohol or other intoxicating substances.Article 14
Jurisdiction
1. Member States shall take the necessary measures to establish their jurisdiction over the criminal offences referred to in Articles 5 to 11 where:
(a) the offence is committed in whole or in part within their territory;
(b) the offence is committed by one of their nationals.
2. A Member State shall inform the Commission where it decides to extend its jurisdiction to criminal offences referred to in Articles 5 to 11 which have been committed outside its territory in any of the following situations:
(a) the offence is committed against one of its nationals or habitual residents in its territory;
(b) the offender is a habitual resident in its territory.
3. Member States shall ensure that their jurisdiction established over the criminal offences referred to in Articles 7 to 10 includes situations where the offence is committed by means of information and communication technology accessed from their territory, whether or not the provider of intermediary services is based on their territory.
4. In cases referred to in paragraph 1, point (b), each Member State shall ensure that its jurisdiction is not subject to the condition that the acts are punishable as criminal offences in the country where they were performed.
5. In cases referred to in paragraph 1, point (b), Member States shall ensure that the exercise of their jurisdiction is not subject to the condition that a prosecution can be initiated only following a report made by the victim in the place where the criminal offence was committed, or a denunciation from the State of the place where the
criminal offence was committed.Article 15
Limitation periods
1. Member States shall take the necessary measures to provide for a limitation period that enables the investigation, prosecution, trial and judicial decision concerning criminal offences referred to in Articles 5 to 11 for a sufficient period of time after the commission of those criminal offences.
2. Member States shall take the necessary measures to provide for a limitation period for criminal offences referred to in Article 5 of at least 20 years from the time when the offence was committed.
3. Member States shall take the necessary measures to provide for a limitation period for criminal offences referred to in Article 6 of at least 10 years from the time when the offence was committed.
4. Member States shall take the necessary measures to provide for a limitation period for criminal offences referred to in Articles 7 and 9 of at least 5 years after the criminal offence has ceased or the victim has become aware of it.
5. Member States shall take the necessary measures to provide for a limitation period for the criminal offences referred to in Articles 8 and 10, of at least 7 years after the criminal offence has ceased or the victim has become aware of it.
6. If the victim is a child, the limitation period shall commence at the earliest once the victim has reached 18 years of age
Cyber incitement to violence or hatred
Member States shall ensure that the intentional conduct of inciting to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex or gender, by disseminating to the public material containing such incitement by means of information and communication technologies is punishable as a criminal offence.
Alles Evolution 