Germany – Research and development services and related consultancy services – Forschungsvorhaben zur Evaluierung § 177 StGB (Sexueller Übergriff; sexuelle Nötigung; Vergewaltigung)

The 50th Act to Amend the Criminal Code – Improvement of the Protection of Sexual Self-Determination of 4 November 2016 (BGBl. I, p. 2460), which entered into force on 10 November 2016, fundamentally revised and expanded Section 177 of the Criminal Code (Sexual Assault; Sexual Coercion; Rape). The objective of the research project is to determine and evaluate the effects of the fundamental revision of Section 177 of the Criminal Code in 2016, and in particular the introduction of the non-consent solution, on the prosecution of sexual assault, sexual coercion, and rape. This includes, in particular, • determining whether the protection gaps that existed prior to the reform could be closed, • identifying any remaining or newly created protection gaps, • identifying interpretation and application difficulties in practice as well as weaknesses in the formulation and systematics of the criminal provision. There is currently a great deal of interest in the research project and the resulting findings, both in terms of legal policy and society. At the same time, the question of the need for a consent-based definition of rape is repeatedly the focus at the European level, so that there is a need for quick insights. The results of the research project are to form the basis for an examination of any need for reform and reorganisation of Section 177 of the Criminal Code. The research objective is to be achieved through qualitative, empirical research. The following methodology is to be planned: I. Evaluation of statistical data Evaluation of available statistical data (Police Crime Statistics, Prosecution Statistics, Judicial Business Statistics, Federal Situation Reports, etc. as well as any other data available, for example, at the level of individual federal states, with victim associations, the Reporting Centre for Gender-Specific Violence or GREVIO, etc.). II. File analysis Prosecution case files/criminal files are to be evaluated to determine the facts relevant to answering the research questions, if necessary supplemented by other investigation files relevant to the procedure (police). When evaluating the files, care should be taken to ensure that the basic offences of Section 177 (1) and (2) of the Criminal Code are represented as evenly as possible. III. Knowledge acquisition through questionnaires and interviews The insights gained on the basis of statistical data and file analysis are to be supplemented and, if necessary, deepened by interviews with experts and accompanying surveys; particular attention must be paid to taking into account the victim's perspective. No separate dark field research is planned. The contractor is to develop a research concept independently. Based on the specification, the research topics, research questions, and certain methodological approaches – not conclusively – are predefined. On this basis, innovative solutions are to be developed and thus essential own contributions to the structured design of the service are to be made. A conceptual solution in the sense of Section 14 (3) No. 2 VgV is expected. The service is to be awarded as a comprehensive contract. Further details can be found in the tender documents.