Why were women not persecuted under the Nuremberg Laws?

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Goody67
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Why were women not persecuted under the Nuremberg Laws?

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Post by Goody67 » 05 Nov 2019, 06:08

Hi, can anyone post the text from the Nuremberg Lass which exempted women from being persecuted for racial defilement?
Jewish men caught violating the Nuremberg Laws were to be tried for ‘an attack on German blood’, while ‘German’ men were brought to court for ‘treason against their own blood’. Though Hitler himself insisted initially that women (Jewish or not) were not subject to prosecution, Heydrich issued a secret order to the Gestapo on 12 June 1937 to take Jewish women involved in such relationships into custody, as also similarly involved non-Jewish women who had Jewish relatives or otherwise undesirable political views.
Robert Gellately, The Gestapo and German Society: Enforcing Racial Policy, 1933-1945, p. 172.
However, the question whether, in cases of sexual intercourse between German men and “non-German” women, the women should also be punishable, remained unsolved.
Diemut Majer, “Non-Germans" Under the Third Reich, p. 333.
although the Blood Protection Law provided solely for punishment of the male partner and the first decree on its administration specifically stated that the woman involved could not be punished "for either participating in or abetting“ or for false testimony while not under oath" — because she had taken an oath before testifying.
Ingo Müller, Hitler's Justice: The Courts of the Third Reich, p. 114.
Justice” according to the Nuremberg Laws was meted out differently to women and to men. Men accused of violating the Blood Protection Law were accused either of “an attack on German blood” (if they were Jewish) or of “treason against their own blood” (if they were “German”). But according to section 2 of the law, women (whether Jewish or not) could not be punished for violations of the law because, it was argued, women are “passive” in the sphere of sexual relations.
Robert Proctor, Racial Hygiene: Medicine Under the Nazis, p. 133

Interestingly, as late as 1939 Hitler, according to a report on the conference of [court] presidents on 1 February 1939 was still refusing to include women to face persecution for racial defilement:
The Chief Public Prosecutor then spoke again on the treatment of women in cases of race defilement. The Fuehrer refuses an extension of culpability according to the blood protection law [Blutschutzgesetz].
Source: Trials War Criminals Before Nuernberg Military Tribunals Under Control Council Law No 10, Nuremberg, October 1946-april, 1949

Any help will be greatly appreciated.

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