Cabinet approves harsher sentences for rape involving date-rape drugs
The federal cabinet has passed a draft law increasing the minimum sentence for rape involving date-rape drugs from three to five years. Reactions are divided.
Draft law to treat date-rape drugs as weapons in future
The federal cabinet passed a draft law on 13 May 2026 that treats the use of date-rape drugs in robbery and sexual offences as legally equivalent to a weapon. According to Tagesschau, the minimum custodial sentence is to be raised from the current three to five years. The Bundestag and Bundesrat will address the proposal in the course of the year.
Federal Justice Minister Stefanie Hubig (SPD) described the offences as "particularly despicable" and spoke of "extremely dangerous and extremely reprehensible" crimes. Date-rape drugs are typically administered secretly, are colourless and odourless, and can render victims defenceless or unconscious. In the vast majority of cases, victims are women.
2024 Federal Court of Justice ruling made change necessary
The impetus for the legislative amendment is a Federal Court of Justice ruling from 2024. The court had ruled at that time that date-rape drugs do not qualify as a "dangerous implement" under the Criminal Code. The federal government now plans to amend two sections on robbery and sexual offences by adding the term "dangerous means", under which date-rape drugs are to fall in future.
Police union welcomes decision
Heiko Teggatz, national chair of the German Police Union, assessed the decision positively. "A higher minimum custodial sentence always has a certain deterrent effect," Teggatz told the ARD main studio. The prospect of at least five years in prison would deter potential offenders.
At the same time, Teggatz emphasised that prevention was "essential". He called on operators of discotheques and bars to regularly remind patrons never to leave drinks unattended. Potential victims should also seek medical attention immediately if they suspect they have been drugged, so that the substance could still be detected.
Victim criticises measure as symbolic politics
Nina Fuchs, chairwoman of the board of the organisation "Kein Opfer e.V." and herself a victim of rape under the influence of date-rape drugs, expressed herself far more critically. "For me, unfortunately, it is rather symbolic politics," Fuchs told the ARD main studio. Tougher sentences without convictions would bring affected parties "practically nothing at all".
Fuchs pointed out that perpetrators are rarely convicted because date-rape drugs are detectable in victims' bodies for only a very short time. She criticised that "the tenth step is being taken before the first". What was needed first was an infrastructure in which affected parties could "provide samples free of charge without making a report and with no barriers to access" — Fuchs cited a pilot project in Ulm as an example.
In addition, she called for more prevention, education and training for police and judicial staff. "I would wish for a policy that actually does something that benefits those affected," Fuchs said.
Dark figure is considered high
Hubig also emphasised the importance of prompt medical action following a suspected case: only in this way could evidence be secured and perpetrators held accountable. Police statistics have not yet recorded whether and what substances were used in sexual crimes. Experts assume a considerable dark figure. In a dark field study, five per cent of respondents said they believed they had been given date-rape drugs at some point.
Source: Tagesschau