Crime Victims – Germany

• when a woman is actively encouraged through false promises regarding work possibilities and earnings to come to Germany, regardless of whether a job in another field was promised her or whether she was willing to work in prostitution;
• when a sex worker’s identity papers or earnings are taken away from her;
• when a woman is forced into prostitution or into giving sexual services;
• when a sex worker is blackmailed, threatened, humiliated, beaten, raped or imprisoned.In the above instances it is irrelevant whether the woman previously worked as a sex worker or whether she was willing to work as a sex worker because/while she was misinformed about working conditions and earnings.The name of the criminal offence in German Law is trafficking in Human Beings (§§ 180b, 181 Criminal Code/Strafgesetzbuch).

Victims of trafficking in women have access to special support services. For instance, they may be granted residence toleration while thinking about whether to give evidence as witness against the perpetrator. During this time they are accommodated in a safe place. Criminal proceedings against the woman for immigration offences are generally abandoned. Support services vary according to region; advisory centres can give information on these differences. For details of special offers for, and the rights of victims of trafficking in women, see the corresponding paragraphs below.

The woman may be granted residence toleration to enable her to think about whether she wishes to give evidence as witness against the perpetrator(s) in court proceedings. The standard toleration period all over Germany is four weeks; in some states this may be extended for up to three months. If, after this period, the woman decides to give evidence as witness, she is granted a toleration until the time when she gives evidence as witness. If she decides against giving evidence, she is obliged to leave the country after the expiry of the toleration period of four weeks.

The toleration is regionally limited, that is, the woman may not leave the permitted town or region.

During the consideration period and at least until she gives evidence as witness, the woman is entitled to obtain advice and support from a non-state advisory centre. The woman should insist that police establish contact to such an advisory centre.

If the woman decides to give evidence in court as witness against the perpetrator, she may be granted a toleration at least until she gives evidence before court. If the woman has a residence permit for other reasons (e.g. marriage), she does not, of course, require a toleration.

The possibility of obtaining a toleration applies mostly to victims of trafficking in women. However, in cases of other serious crimes (rape, serious violence) the woman may also be granted a toleration until she gives evidence, if her statement is important in the eyes of court. The toleration is regionally limited: that is, the women may not leave the permitted town or region.

If the woman is neither granted a toleration nor has any other right to residence, she must leave the country within the time specified by the aliens authority, despite having made a police statement as witness.

Victims of trafficking in women and other women who have been granted a toleration as witness may be accepted into care programmes run by advisory centres, or into protection schemes run by the police.

Before the commencement of court proceedings, the woman should decide — together with her lawyer — whether to give evidence as witness only, or whether also to appear as joint plaintiff.

The statement is given either in the course of one day or of several days. Occasionally the witness may also be asked to attend a second time later in the proceedings because new questions concerning her have arisen.

Questions are put to the witness by, in order, the judges, the public prosecution, the defence and under certain circumstances her own lawyer.

The witness must answer questions truthfully and omit nothing; otherwise she risks criminal action against her on grounds of perjury/false testimony. However, she may remain silent on anything which incriminates her or her family.

When giving evidence, the woman may be accompanied by a lawyer. The lawyer makes sure that the witness’s rights are observed.

The witness is entitled to the services of a translator in her own language. If she feels unable to trust the translator, she can refuse her/him on grounds of interest. The court then decides whether to provide another translator.

The woman may be accompanied and protected by the police during the entire proceedings, and particularly during her statement as witness. There is no legal entitlement to this protection. The police decide to what degree they consider the woman endangered. In order to obtain the best possible protection, the woman should inform her lawyer and the police of threats made by the perpetrators and others.

Generally the woman is not required to state her address. Where she is at high risk she may also abstain from giving her identity. However, in practice this right is seldom granted.

If the woman is at high risk, she may be given a new identity. However, this only happens in very exceptional cases.

The public is excluded from proceedings if personal or intimate questions are to be put to the witness. In practice, this is always the case with sexual crimes.

The accused party is excluded if there is a risk that the victim may not tell the truth in his presence out of fear or for other reasons. This is generally the case in proceedings relating to trafficking in women. It is also possible that the witness be seated in another room and her statement relayed by video to the courtroom.

The only forbidden questions are those which endanger the witness (e.g. concerning her address) or which are unrelated to the matter.

A witness who has already been questioned in detail during the enquiry may be relieved altogether from the necessity of giving evidence in court, if the perpetrator agrees to a waiver. However, in case of a waiver the perpetrator obtains a more lenient sentence.

In some states (e.g. North Rhine-Westphalia), women may, according to the Victims’ Compensation Law (Opferentschädigungsgesetz), receive benefits, e.g. payments for therapy and one-off financial settlements on leaving the country. Other states (e.g. Hamburg) still refuse to grant such benefits. However, developments in Germany as a whole are positive for women.
Claims may already be made during criminal proceedings. The Maintenance Authority (Versorgungsamt) is responsible.

If the woman has no right to residence, she may be granted a toleration at least until she gives evidence before court. In some states (e.g. Lower Saxony, Hamburg, North Rhine-Westphalia, Hesse), the woman is generally granted a toleration until the first verdict. The toleration is rarely extended until the final coming into force of the verdict (i.e. after the channelling of appeals).

Where there is concrete danger that, in her own country, the woman’s life, health or freedom will be endangered by the perpetrator (or others), she may obtain a further toleration or a residence permit. However, conditions for proof of the danger are very high, so that in practice the right is seldom granted.

Independently of her role as witness, the woman may be entitled to residence for other reasons, e.g. marriage, asylum or humanitarian reasons (compare Migration).

If the woman has no means of her own, social services pay travel costs for her homeward journey and for the procuring of documents (IOM funds). However, the woman must agree not to re-enter Germany or, in case of re-entering, to reimburse the costs.

Generally, no means are available to help the woman set up in her own country. Only the advisory centre SOLWODI has access to public funds for a returnees’ programme (e.g. loans for establishing a living and for further education). However, victims of trafficking in women have only very limited access to this.

Advisory centres in Germany help clients organise their homeward travel and supply contact information for support in the home country.