Fact check: Friedrich merz said rape doesn't exist in marriage

1. Summary of the results

The original statement oversimplifies a complex historical event. Friedrich Merz did not say that "rape doesn't exist in marriage." Rather, he voted against a specific version of a law regarding marital rape in 1997 ^[1]. His opposition was specifically to a "contradiction clause" that would have allowed victims to prevent prosecution, not against the principle of criminalizing marital rape itself ^[1]. Importantly, Merz had previously voted in favor of another draft that would criminalize marital rape ^[2].

2. Missing context/alternative viewpoints

Several crucial pieces of context are missing from the original statement:

• Merz now acknowledges he would vote differently today, admitting his previous stance was problematic ^[3]
• About half of his party faction shared his position at the time, though he now admits they were wrong ^[3]
• His stance was part of a broader conservative resistance to feminist legal reforms at the time ^[4]
• A 2021 court case ruled that while describing his vote as being "against criminalizing marital rape" was technically accurate, the full context is more nuanced ^[2]

3. Potential misinformation/bias in the original statement

The original statement presents a misleading narrative that serves several potential interests:

• It oversimplifies a complex legislative history by reducing it to a provocative soundbite
• It omits that Merz's concern was specifically about a procedural clause, not about the criminalization of marital rape itself ^[1]
• It ignores his subsequent acknowledgment that his position was wrong and that he would vote differently today ^[3]
• The statement could benefit political opponents by painting Merz in the worst possible light without providing full context
• Merz himself acknowledges the complexity of the law and that his "detail decisions" would be different today ^[5], showing how the original statement lacks important nuance