During the incident, 29-year-old Gina-Lisa Lohfink was filmed saying “No, no” while the two men held her down and had sex with her.
Despite this evidence, the judge held today that the men would be subject to only a “light fine” for their behaviour, while Lohfink would be punished for her “false” claim.
The judge justified the controversial decision by saying that Lohfink was only saying “no” and “stop it” to the filming of the act, not the act itself, and that she did not try to physically throw her attackers off.
“They are turning me from a victim into an offender,” Lohfink told German press today in the wake of the decision.
“Do I have to be killed first? Will the legal authorities only get it then?”
Current laws in Germany provide that for rape to be non-consensual, a victim must both say “no” and physically resist.
In Australia, consent must be free and voluntary, and there is no requirement that a victim fight back.
German citizens are now putting pressure on lawmakers to reform their “weak” laws, and to make “no means no” the standard for consent across Europe.