The German Minister of Justice, Stefanie Hubig (SPD), plans to significantly toughen the penalties for using incapacitating drugs, often known as “knockout drops” during instances of sexual assault or robbery. A corresponding draft law is scheduled to be presented to the cabinet on Wednesday.
According to Hubig, such acts are “particularly insidious and dangerous”. She announced that abusers who use knockout drops for sexual assault could face a minimum prison sentence of five years. Her proposed legislation aims to strengthen existing rules because even currently, the covert addition of incapacitating drugs during a robbery or sexual crime can result in higher penalties in court.
This proposed change is necessary because, in 2024, the Federal Court of Justice ruled that, under existing law, knockout drops do not constitute a “dangerous tool” as defined by criminal law. Consequently, these crimes have not been treated under current law as an especially severe form of sexual assault or robbery, resulting in a minimum custodial sentence of only three years.
Hubig intends to change this by classifying the use of knockout drops as a “dangerous means” thereby equating it to the use of a weapon or another dangerous tool during a sexual assault or robbery.
Hubig explained that perpetrators secretly administer substances to their victims to render them helpless. These incidents often occur in bars and clubs, but can also happen at a victim’s own home. She emphasized that affected individuals often have no chance to notice or defend themselves against the assault. She described this as a profoundly severe form of sexual violence, which disproportionately affects women.
She stated that the criminal justice system must respond with a strong deterrent. This initiative is part of a broader strategy for better protection against violence. “We must and we will protect women better from assaults-and we are relying on a variety of measures within criminal law and beyond” Hubig concluded.