Violence and death threats directed at the accused must be considered when assessing the criminal liability of the accused. The address of a women’s shelter must not be disclosed in the reasons of a judgment.
Facts of the Case
Aggravated rape with weapons, which is punishable under Section 177 Para 7 No. 2 StGB (Strafgesetzbuch – StGB) with a prison sentence of no less than 3 years (sexual assault, rape), requires that the perpetrator carries an instrument to prevent or overcome the resistance of another person by force or threat of force.
BGH XII ZB 383/19 Applicant v. Registry Office; German Federal Court of Justice (Bundesgerichtshof); decision dated April 22, 2020
Only persons with biological intersexuality can change the gender details in the civil status entry per §§ 45b and 22 Para. 3 of the Civil Status Act, while "perceived intersexuality" is not covered.
The Court affirmed the decision of the lower court, which had prohibited the parents of a young daughter of Gambian nationality resident in Germany from determining her whereabouts and relocating her to Gambia due to a high risk to the girl of female genital mutilation or cutting.
