Rape under Family Pressure
by Silvia Tellenbach
Question(s) at stake
Whether the pressure on the perpetrator by his family to commit the crime, resulting from ideas from other cultures, may be assessed as a mitigating circumstance in favour of the perpetrator.
Outcome of the ruling
The pressure on the perpetrator by his family to commit the crime, resulting from ideas from other cultures, may be assessed as a mitigating circumstance in favour of the perpetrator.
Country:
Germany
Official citation
Federal Court of Justice, Fourth Criminal Division, Judgment of 01 February 2007, 4 StR 514/06 (Bundesgerichtshof, BGH 4. Strafsenat, Urteil vom 01. Februar 2007, 4 StR 514/06)
Topic(s)
Keywords:
Mitigating circumstances
Rape
Tag(s):
Yezidi
Family
Marriage
Hostage taking
Bibliographic information
Tellenbach, Silvia (2023):
Rape under Family Pressure,
Department of Law and Anthropology, Max Planck Institute for Social Anthropology, Halle (Saale), Germany,
CUREDI033DE015,
https://doi.org/10.48509/CUREDI033DE015.
About the authors
Silvia Tellenbach (Max Planck Institute for the Study of Crime, Security and Law, Freiburg, Germany)
Dr. Dr.h.c. Silvia Tellenbach is the long-time former Head of the Turkey, Iran and Arab States Unit at the Max Planck Institute for Foreign and International Criminal Law (presently: 'Institute for the Study of Crime, Security and Law').
Within the CUREDI project, she is using her expertise in criminal law in Germany to identify court decisions, where cultural and religious diversity issues were involved. In addition to writing templates on such cases, she acts as a reviewer and is a member of the CUREDI Editorial Board.