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Paragraph 175 : ウィキペディア英語版
Paragraph 175

Paragraph 175 (known formally as §175 StGB; also known as Section 175 in English) was a provision of the German Criminal Code from 15 May 1871 to 10 March 1994. It made homosexual acts between males a crime, and in early revisions the provision also criminalized bestiality as well as forms of prostitution and underage sexual abuse. All in all, around 140,000 men were convicted under the law.
The statute drew legal influence from previous measures, including those undertaken by the Holy Roman Empire and Prussian states. It was amended several times. The Nazis broadened the law in 1935; in the prosecutions that followed, thousands died in concentration camps as a widespread social persecution of homosexuals took place. East Germany reverted to the old version of the law in 1950, following the Soviet Union and its satellite states' policy of persecuting homosexuals as subversives. The government limited its scope only to sex with youths under 18 in 1968, however, and it abolished it entirely in 1988. West Germany retained the 1935 version until 1969, when it was limited to "qualified cases"; it was further attenuated in 1973 and finally revoked entirely in 1994 after German reunification.
==Historical overview==
Paragraph 175 was adopted in 1871, shortly after Germany was unified. Beginning in the 1890s, sexual reformers fought against the "disgraceful paragraph,"〔For this expression ("disgraceful paragraph") see, among others, Kurt Tucholsky, "Röhm", in ''The Weimar Republic Sourcebook'' University of California Press, 1994, ISBN 0-520-06775-4, p. 714: "We oppose the disgraceful paragraph 175 wherever we can; therefore, we may not join voices with the chorus that would condemn a man because he is a homosexual." The essay was originally published (in German) in ''Die Weltbühne'', No. 17 (April 26, 1932) 641.〕 and soon won the support of August Bebel, head of the Social Democratic Party (SPD). But a petition in the Reichstag to abolish Paragraph 175 foundered in 1898. In 1907, a Reichstag Committee decided to broaden the paragraph to make lesbian sexual acts punishable as well, but that legislation languished for ten years and was finally dropped in 1917. In 1929, another Reichstag Committee decided to repeal Paragraph 175 with the votes of the Social Democrats, the Communist Party (KPD) and the German Democratic Party (DDP); however, the rise of the Nazi Party prevented the implementation of the repeal. Although modified at various times, the paragraph remained part of German law until 1994.
In 1935, the Nazis broadened the law so that the courts could pursue any "lewd act" whatsoever, even one involving no physical contact, such as masturbating next to each other. Convictions multiplied by a factor of ten to about 8,000 per year. Furthermore, the Gestapo could transport suspected offenders to concentration camps without any legal justification at all (even if they had been acquitted or already served their sentence in jail). Thus, between 5,000 and 15,000 homosexual men were forced into concentration camps, where they were identified by the pink triangle. The majority of them died there.
While the Nazi persecution of homosexuals is reasonably well-known today, far less attention had been given to the continuation of this persecution in post-war Germany. In 1945, after the concentration camps were liberated, some homosexual prisoners were recalled to custody to serve out their two-year sentence under Paragraph 175.〔(Pink triangle: Even after World War II, gay victims of Nazis continued to be persecuted )〕 In 1950, East Germany abolished Nazi amendments to Paragraph 175, whereas West Germany kept them and even had them confirmed by its Constitutional Court. About 100,000 men were implicated in legal proceedings from 1945 to 1969, and about 50,000 were convicted. Some individuals accused under Paragraph 175 committed suicide. In 1969, the government eased Paragraph 175 by providing for an age of consent of 21. The age of consent was lowered to 18 in 1973, and finally the paragraph was repealed and the age of consent lowered to 14, the same that is in force for heterosexual acts, in 1994. East Germany had already reformed its more lenient version of the paragraph in 1968, and repealed it in 1988.

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