The German parliament passed a landmark "no means no" rape law Thursday, broadening the definition of sex crimes and making it easier to deport migrants and refugees who commit them.
After years of anguished discussion on the need for tougher treatment of rape by the German criminal justice system, the new legislation finally came together following a spate of sexual assaults in crowds on New Year's Eve in the western city of Cologne.
Deputies gave a standing ovation as the law passed the Bundestag lower house with an overwhelming majority, following an emotional debate.
Dubbed the "no means no" law, it explicitly covers cases in which a victim withheld consent but did not physically fight back. It brings what critics call woefully lax legislation into line with that of many other developed countries. The law, entitled "improving the protection of sexual self-determination", also lowers the bar for deporting sex offenders, classifies groping as a sex crime and targets assaults committed by large groups.
Justice Minister Heiko Maas acknowledged that there were "unacceptable gaps in protection" against sexual coercion and assault in Germany.
Chancellor Angela Merkel's cabinet signed off on the measures in March after the attacks in Cologne, where more than 1,000 women reported sexual assaults and robberies on New Year's Eve. These were blamed largely on Arab and North African men.
The draft law was toughened again by the ruling left-right coalition last month. Cologne's police chief conceded earlier this year that most culprits may never be caught over the spate of assaults, which ranged from groping to rape and inflamed public debate about a record influx of refugees and migrants.
A first attempt at prosecution in May was thrown out by a court when the alleged victim said she could not identify the defendant as her attacker.
A second trial stemming from the Cologne violence on Thursday saw a 21-year-old Iraqi man given a one-year suspended sentence for kissing and licking the face of a woman against her will. A 26-year-old Tunisian defendant received the same sentence for accessory to sexual assault and attempted sexual assault for another attack in the crowd.
Currently, victims reporting a rape to police must demonstrate not only that they verbally declined sex but also that they resisted their assailant.
The new law, which is set to come into effect in September after passage by the upper house, is intended to cover "the actual situations in which most attacks occur", Maas said.
These include cases in which the victim is taken by surprise, intimidated or threatened with other violence -- for example in an abusive relationship -- or is unconscious. "Other countries implemented this principle of 'no means no' long ago and it is high time that we have this paradigm shift in our own criminal law," lawmaker Carola Reimann of the Social Democrats told the Bundestag.