Germany's new rape law: Experts say it's symbolic, not effective

I'm not fighting for myself, but for all people who have been victims of sexual violence, or who will become victims in the future," said Nina Fuchs, founder and chairwoman of KO — Kein Opfer (Knockout — No Victim).

In 2013, Fuchs was raped while under the influence of date-rape drugs; prosecutors eventually dropped the case despite DNA evidence that linked the suspect to her assault. In 2020, she founded KO with six other women and has tirelessly advocated for survivors since.

When she learned of the plans for stricter legislation — which will equate rape committed using date-rape drugs with the use of a weapon and punish it with a minimum sentence of five years in prison — she did not see it as a victory.

"I felt a mix of disappointment and frustration. If you're going to do something, it should actually help and benefit those affected. That's why I, like other experts, have come to the conclusion that this is just symbolic politics," she told DW.

More severe penalties and stricter sentencing, she said, don't have an effect if there are hardly any convictions. "In Germany, only about one in a 100 rapes results in a conviction. When it comes to date-rape drugs, the rate is even lower because it's much harder to investigate due to the short window of detectability."

Knockout drops take effect quickly, but are also quickly undetectable

These colorless, odorless substances, which perpetrators secretly mix into victims' drinks or inject into their skin through clothing using a needle, take effect within 10 to 20 minutes. They rob victims of any chance to defend themselves; after that, they're rendered helpless and often lose consciousness. But after just 12 hours, no trace of the drug is detectable in blood or urine samples.

"Rapes involving the use of knockout drops are particularly insidious and dangerous. This is sexual violence in a particularly severe form — and it primarily affects women. Criminal law must respond to this with a firm hand, because effective protection against violence requires consistent penalties," said Justice Minister Stefanie Hubig on May 13, when she presented the legislation in Berlin.

"We must and we will better protect women in particular from assaults — and to do so, we are relying on a wide range of measures in criminal law and beyond," Hubig added.

Police often don't believe victims

Yet what happened to Fuchs in April 2013 could likely happen the same way 13 years later, even though awareness of the use of date-rape drugs has increased in Germany. When she went to the police back then in Munich, which even has a special unit for sexual offenses, the officers didn't believe her. She described the experience as a "slap in the face."

But Fuchs hears about similar experiences today: One woman who had been raped recalled being interrogated by police for six hours about whether she was active on the dating platform Tinder, or had ever gone home with a date.

And even in 2026, police stations still don't promptly take urine samples because they overestimate the detectability of date-rape drugs.

"A sensible measure, for example, would be to train police and the judiciary on the topics of sexual violence, date-rape drugs, and trauma. So that eventually you don't have to be afraid of experiencing something even worse than the crime itself when you go to the police," Fuchs said.

Politicians should also rethink the awareness training about date-rape drugs in schools. "In schools, people always think about victim prevention, but we mustn't forget that there are also future potential perpetrators sitting there," said Fuchs.

'Keep an eye on your drink' isn't 100% protection

Fuchs also debunked the belief that all you have to do is keep a closer eye on your drink at a club, and then nothing bad will happen to you.

The phrase "Keep an eye on your drink," which many parents tell their children before they go to a club, is well-intentioned but often useless. The substance could already be in the glass beforehand, or a tiny injection could be administered in the upper arm or thigh. Furthermore, this creates the perfect basis for "victim blaming" for not having been more careful. The only option that helps is staying in a group to prevent being attacked.

"Changing sexual criminal law to ‘Yes means yes.' That would really help," said Fuchs. She said that means a sexual act is punishable if the other person did not explicitly consent to it.

So far, the "No means no" model still applies in Germany, which often requires victims to prove they clearly objected.

Study: Many suspected cases, few prosecutions

Charlotte Förster, an junior professor of European management at Technical University of Chemnitz, has the best overview of how widespread the problem of knockout drops is in Germany, Austria and Switzerland.

Förster is leading the "Don't Knock Me Out" study, in which young people aged 14 and older report on their own experiences with date-rape drugs in an anonymous online survey; 3,000 people have already participated, and the initial interim results sparked serious concern.

"We analyzed an initial dataset for Germany comprising 1,802 people; 725 people suspected that substances misused as knockout drops had been administered to them without their consent. And according to our respondents, criminal prosecution occurred in only 23 cases," Förster told DW.

"Even if the penalties are increased now — which is, of course, an important step in the right direction — there are essentially no consequences if no criminal prosecution takes place at all. If many cases go unpunished, this does not necessarily have a deterrent effect on potential perpetrators," she added.

Without standardized procedures, tougher laws are of little help

Förster summarized the key findings from her current study and the study on unreported crimes conducted by the Federal Criminal Police Office in collaboration with the Family Affairs and Interior ministries: About one in 20 Germans suspect they have been drugged and assaulted at some point, yet only one in 10 incidents is ultimately reported. Blood, urine or other samples are taken in just 8% of cases.

The risk in public spaces may be overestimated, whereas in private settings it tends to be underestimated. Still, despite many serious cases, there is not yet a "spiking" epidemic. Förster's main point of criticism:

"We need structured procedures. When someone with such suspicions goes to the police, the hospital or even their family doctor or gynecologist there must be a standardized procedure for how to proceed. No valuable time should be lost because staff are untrained or do not take the victims seriously. Without these changes, this legislative amendment will likely have no major consequences."

In a few months, Förster will present the final results of her drug rape study. Incidentally, she is still waiting for government funding for her research project.

This article was originally written in German.