Fighting Rape, Germany Endangers Free Assembly

Germany changed several laws this week in direct reaction to the New Year’s Eve attacks in Cologne by a disorganized group of young Muslim men. One change, implementing “no means no” in German rape law, was long overdue. A second, taking criminal history into account in immigration decisions, was probably inevitable and isn’t out of step with other countries.

But a third, which creates criminal liability for being part of an amorphous group and tacitly allowing an assault perpetrated by someone else, is more worrisome. It smacks of collective punishment, deviates from European criminal law norms, and threatens the right of assembly.