Spousal Rape Committed by an Old Turkish Husband
by Silvia Tellenbach
Question(s) at stake
Whether ideas rooted in the original culture of perpetrator and victim may be taken into consideration in assessing a spousal rape as a less serious case (Art.177 para 5 German Penal Code).
Outcome of the ruling
Ideas rooted in the original culture of perpetrator and victim may be taken into consideration in assessing a spousal rape as a less serious case (Art.177 para 5 German Penal Code)
Country:
Official citation
Federal Court of Justice, 2nd Criminal Division, Judgment of 29 August 2001, 2 StR 276/01 (BGH 2. Strafsenat, Urteil vom 29.08.2001, 2 StR 276/01)
Topic(s)
Keywords:
Mitigating circumstances Rape Spousal rape
Tag(s):
Bibliographic information
Access case report
View case report in the CUREDI databaseAbout 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.