Violence Prevention in Education, School, and Club 3658385502, 9783658385507

The safety of children in the context of protection from assault and violence is a basic need of our society. This edite

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Table of contents :
Preface
Contents
Editors and Contributors
I Basics
Contents
1 Phenomenology
1.1  Introduction
1.2  Violence
1.2.1  Types of Violence
1.2.2  Aggression
1.2.3  Conflict
1.3  Typology of Violence
1.3.1  Domestic Violence
1.3.2  Violence in Care Facilities and School
1.3.3  Violence in Other Social Environment
1.3.4  Violence in Virtual Space
Unwanted Publicity
References
2 Statistical Considerations
2.1  Introduction
2.2  Bright Field
Statistics and Time of the Crime
2.3  Dark Field
2.3.1  Methods of Dark Field Research
2.3.2  Size of the Dark Field
In the Pedestrian Zone
2.4  Sexualized Violence
2.4.1  Exhibitionist Actions
2.4.2  Distribution, Acquisition and Possession of Child Pornographic Writings
2.4.3  Sexual Abuse of Children
Exhibitionist on the Regional Train
2.5  Violent Crime
2.5.1  Assault
2.5.2  Kidnapping
2.5.3  Killing Offenses
2.6  Use of Weapons
2.7  Abduction of Minors
2.8  Means of the Internet
2.9  Perpetrator-Victim Relationship
References
3 Aetiology
3.1  Introduction
3.2  Biological Approaches
3.2.1  Genetic Causes
3.2.2  Hormonal Causes
3.3  Psychological Approaches
3.3.1  Frustration-Aggression Hypothesis
3.3.2  Learning Theories
3.3.2.1  Theory of Differential Contacts
3.3.2.2  Observational Learning
3.3.2.3  Neutralisationstheorie
3.3.3  Other Theories
3.4  Media and Delinquency
3.4.1  Effects of Media
3.4.1.1  Catharsis Theory
3.4.1.2  Cognitive Support Theory
3.4.1.3  Habitualization Theory
3.4.1.4  Cultivation Thesis
3.4.1.5  Suggestion Thesis
3.4.1.6  Stimulationsthese
3.4.2  Depiction of Real Violence
3.4.2.1  High Attention Value
3.4.2.2  Asynchronous Reporting
3.4.2.3  Preferred Consumption
3.4.2.4  Escalation by Media
3.4.2.5  Secondary Victimization
3.4.2.6  Positive Aspects
3.5  Integration Model
3.5.1  Person
3.5.2  Situation
3.5.3  Social Control
References
4 Victimology
4.1  Introduction
4.2  Victim Disposition and Typology
Behavior of Victims or Perpetrators
4.3  Viktimology in Individual Offenses
4.3.1  Child Abuse
4.3.2  Sexual Abuse and Rape
4.3.3  Fraud and Extortion
4.3.4  Bullying and Violence
4.3.4.1  Victim Signs First Order
4.3.4.2  Second-Order Victim Signs
4.3.5  Cyberbullying
From a Criminal Complaint
Money for Nothing
Victim Type II
4.4  Stages of Victimization
4.4.1  Primary Victimization
4.4.2  Secondary Victimization
4.4.3  Tertiary Victimization
4.5  Revictimization
4.6  Reporting Behavior
References
5 The Offenders
5.1  Introduction
5.2  Findings
5.2.1  Neglect and Child Abuse
5.2.2  Sexual Abuse and Rape
5.2.3  Bullying and Violent Acts
5.3  Power
Victims and Power
5.4  Violence by Groups
References
6 Development of Children and Adolescents
6.1  Introduction
6.2  Genes vs. Environment
Another Perspective
6.3  Resilience
6.4  Developmental Phases
6.4.1  Prenatal Phase
6.4.2  Toddlers
6.4.3  Preschoolers
6.4.4  Elementary School Children
6.4.4.1  Authoritarian Style
6.4.4.2  Permissive Style
6.4.4.3  Authoritative Style
6.4.4.4  The Role of Teachers
6.4.5  Youth
Insufficient Sensory Integration
Sally-Anne-Test (Wimmer & Perner, 1983)
Autonomy Promotion?
Permissive Parenting and Symbiosis
Procedure of Pedophile Offenders
6.5  Emotions
References
7 Legal Aspects
7.1  Introduction
7.2  Legal Basis for Liability
7.3  The Offence
7.3.1  Types of Offenses
7.3.1.1  Intention & Negligence
7.3.1.2  Perpetrator & Participation
7.3.2  Relevant Offenses in Childhood and Adolescence
7.3.2.1  Insulting Offenses
7.3.2.2  Property Damage
7.3.2.3  Crimes Against Physical Integrity
7.3.2.4  Coercion
7.3.2.5  Threat
7.3.2.6  Property and Asset Crimes
7.3.2.7  Sexual Offenses
7.3.2.8  “Right of correction” of the Persons Entitled to Education
Accomplice
(Simple) Assault (§ 223 para. 1 StGB)
Dangerous Bodily Harm (§ 224 StGB)
Grievous Bodily Harm (§ 226 StGB)
Coercion
Threat
Theft (§ 242 para. 1 StGB)
Robbery (§ 249 para. 1 StGB)
Blackmail (§ 253 para. 1, 2 StGB)
7.4  Guarantors & Omissions
7.4.1  The Omission Offense
7.4.2  The Guarantor Position
7.4.3  § 323c para. 1 StGB: Failure to Render Assistance
Omission of Assistance
Failure to Report Planned Crimes
Teacher and Guarantor Obligations
7.5  Self-defence & First Aid
7.5.1  Key Ideas
7.5.2  Self-defence
7.5.3  Self-defence/Emergency Aid
7.5.4  Excessive self-defence
The Screwdriver
7.6  Criminal Law Emergencies
7.6.1  Necessity as justification
7.6.2  Necessity as defence
Driving Home After the Party
Booze or Slaps
7.7  Self-help
At the Movies; In School
7.8  Civil Law Emergencies
The Dog Bite
7.9  Right to One’s Own Image and One’s Own Word
7.10  Legal Options After the Crime
7.10.1  Criminal Complaint & Criminal Application
7.10.2  Legal Aid
7.10.3  Adhesion Procedure
7.10.4  Private Prosecution
7.11  Consequences
7.11.1  Imprisonment & Fine
7.11.2  Pain and Suffering & Damages
7.12  Victim Protection/Victim Rights
7.12.1  Subsidiary Complaint
7.12.2  Victim-offender mediation
7.13  Witnesses
7.14  Compensation for Assistance
References
II Prevention
Contents
8 Those Responsible for Education
8.1  Introduction
8.2  Primary Instances
8.2.1  Parents
8.2.1.1  Non-violent Education
8.2.1.2  Penalties
8.2.1.3  Consistent and Consistent Parenting Behavior
8.2.1.4  Support
8.2.1.5  Active Listening and I-Messages
8.2.1.6  Praise and Recognition
8.2.1.7  Success Experiences
8.2.1.8  Sports
8.2.1.9  Media Competence
8.2.2  School
8.2.2.1  Consistent Interference
8.2.2.2  Code of Conduct and Evaluation of Teachers
8.2.2.3  Sports
8.2.2.4  Media Literacy
8.2.2.5  Intervention Projects
8.2.3  Relatives, Acquaintances
8.2.4  Trainer
8.2.5  Observer
Punishments
Logical Consequences
Natural Consequences
You- and I-Messages
Praise and Recognition—A Trap
False Protection Against Failure
Media Use and Education in Germany 2019
Common Reactions to Bullying in Schools
Possible Intervention Against Perpetrator
Observers of Conspicuous Behavior
8.3  Secondary Instances
8.3.1  Youth Office
8.3.1.1  Protective Mandate
8.3.1.2  Duty to Advise
8.3.1.3  Educational Orientation
8.3.1.4  General Promotion of Education in the Family
8.3.1.5  Help with Education
8.3.1.6  Inobhutnahme
8.3.2  Police and Public Prosecutor’s Office
8.3.2.1  Police and Victims of Crime
8.3.2.2  Police and Witnesses of Crime
8.3.2.3  Offender-Victim Compensation
8.3.2.4  Danger Prevention
8.3.3  Courts
8.3.3.1  Educational Measures
8.3.3.2  Breeding Means
8.3.3.3  Measures of Improvement and Security
8.3.3.4  Youth Sentence
A Job for the Police or Not?
8.4  Tertiary Instances—Re-socialization
References
9 Educational and Training Institutions
9.1  Introduction
9.2  Care of Toddlers
9.3  Kindergarten
9.4  Transition to School
9.5  Legal Mandate
9.5.1  School Law
9.5.2  School Rules—Possibilities and Limits
9.5.3  Contacts at School
Measures Taken without Warning (Hoegg, 2016)
9.6  Youth Office
9.7  Social Office
9.8  School Psychology
9.9  Out-of-School Support and Counseling Services
9.9.1  Projects and Training
9.9.2  Pedagogical Days
9.9.3  School Sports
References
10 Sports Clubs
10.1  Introduction
10.2  Responsible Persons in Clubs
10.2.1  Board
10.2.2  Trainer
10.2.3  Parents
10.3  Primary Prevention by Association and Club
10.3.1  Guidelines
10.3.2  Behavioral Rules
10.3.3  Code of Honor
10.3.4  Extended Certificate of Good Conduct
10.3.5  By-laws
10.3.6  Seminars and sensitization of the persons responsible
10.4  Secondary Prevention
10.4.1  Intervention
10.4.2  Checklist
The Photographer
10.5  Tertiary Prevention
10.5.1  Aftercare
10.5.2  Repression
References
11 Self-assertion
11.1  Introduction
11.1.1  Differentiation Between Self-assertiveness and Self-defense
11.1.2  Basic Principles of Human Behavior in Crisis Situations
Ad hoc-Situation and Time Lag
Ad hoc-Situation
Time Lag
11.2  Recognizing One’s Own Limits
11.2.1  Feelings
11.2.2  Social Programs
11.3  Body Language
Watzlawick’s Thesis
11.4  Language
11.4.1  Language Set (Quantity)
11.4.2  Content of the Language (Quality)
11.4.3  Paraverbal Communication
Stages of Escalation
11.5  Methods
11.5.1  Interactive Training
11.5.2  Picture Books and Comics
11.5.3  Guided Classroom Conversations
11.5.4  Unspecific Taining
References
12 Self-defense
12.1  Introduction
12.2  Basics
12.3  Attacks
Headlock
The Perfect Hold?
12.4  Methodical Construction of a Self-defense Seminar
12.4.1  At What Age Self-defense?
12.4.2  Time Management, Group Structure and Number of Trainers
12.4.3  Unspecific Training
12.5  Self-defense (verbal)
12.5.1  Language as a Social Norm
12.5.2  Effectiveness of De-escalation Conversation
12.5.3  Possibilities of Control
Perpetrator-Victim-Dialogue
12.6  Self-defense (Physical)
12.6.1  Specific Training
12.6.2  Distances
12.6.3  Defense
12.6.4  Holding, Fixing & Levering
12.6.5  Attacks from the Perpetrator’s Perspective & Solution Approaches
12.6.5.1  Attacks from the Front
12.6.5.2  Attacks from Behind
12.6.5.3  Ground Fighting
Cognitive Overload
Silly Action Patterns
Negative Examples
12.7  Means of Defence
12.7.1  Electroshock Devices
12.7.2  Tear Gas in Cans or in Pistols
12.7.3  Pepper Spray
12.7.4  Recommended Aids
Pepper Spray as an Aid
References
13 Helping others
13.1  Introduction
The Catherine Genovese Case (Gado, 2018)
13.2  Five Steps to Assistance
13.2.1  Perception of the Situation
13.2.2  Interpreting the Situation
13.2.3  Recognition of Responsibility
13.2.4  Decision to Help
13.2.5  Actually Acting
Memorial for Three Children
13.3  Why Should a Child Help?
Enlightening Children about Dangers
13.4  The Participants
13.4.1  The Perpetrator
13.4.2  The Victim
13.4.3  The Bystander
13.4.4  The Helper
13.5  Help in the Virtual Space
References
14 Model Seminar
14.1  Introduction
14.2  Seminar Methodology
14.2.1  Implementation Scenario Trainings
14.2.1.1  Introduction Phase
14.2.1.2  Playing Phase
14.2.1.3  Evaluation Phase
14.2.1.4  Challenges
14.2.1.5  Role-playing Variants
14.2.1.6  Transfer to Everyday Life
14.2.1.7  Perpetrator Behavior
14.2.2  Trainer
14.2.2.1  Qualification & Vita
14.2.2.2  Number of Trainers
14.2.2.3  Trainer Gender
14.2.2.4  Insurance
Subway Underpass
In the Park
14.3  Course of a Model Seminar
14.3.1  Basic Structure
14.3.2  Advance Planning
14.3.2.1  Time Frame
14.3.2.2  Locations
14.3.2.3  Information Flow
14.3.2.4  Parent Information
14.3.2.5  Parent Evening
14.3.2.6  Involvement of Teachers and Guardians
14.3.2.7  Injury Prevention
14.3.3  First Learning Unit
14.3.4  Second Learning Unit
14.3.5  Third Learning Unit
14.3.6  Fourth Learning Unit
Movement Game
The New Jacket
Movie Theater Play
Laughter on the School Yard
Positive List
Tell and Seek Help
Lion Stance
Requesting and Providing Help
14.4  Medical Emergencies
14.4.1  Psychiatric Emergency Situations
14.4.1.1  Anxiety Disorders
14.4.1.2  Hyperventilation Syndrome
14.4.1.3  Post-traumatic Stress Disorder
14.4.2  Traumatic Diseases
14.4.2.1  Ankle joint distorsion
14.4.2.2  Hand- Finger injuries
References
15 Funding, Counseling and Support
15.1  Introduction
15.2  Programs and Projects
15.2.1  Rights, Equality and Citizenship Programmes
15.2.2  Living Democracy
15.2.3  Dare!
15.2.4  education-y.de
15.2.5  Network Against Violence
15.2.6  Counseling Centers, Aid Organizations, Associations and Official Bodies
15.3  Security for Children and Adolescents on the Internet
15.3.1  Cool and Safe (CaS) – the Online Training for Children
15.3.2  Police for You
15.3.3  Chatting Without Risk
15.3.4  Internet-abc
15.3.5  klicksafe
Glossary
Index
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Rudi Heimann Jürgen Fritzsche   Editors

Violence Prevention in Education, School, and Club

Violence Prevention in Education, School, and Club

Rudi Heimann · Jürgen Fritzsche (Editors)

Violence Prevention in Education, School, and Club

Editors Rudi Heimann Selters, Germany

Dr. Jürgen Fritzsche Usingen, Germany

ISBN 978-3-658-38550-7 ISBN 978-3-658-38551-4  (eBook) https://doi.org/10.1007/978-3-658-38551-4 © The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Fachmedien ­Wiesbaden GmbH, part of Springer Nature 2022 This work is subject to copyright. All rights are solely and exclusively licensed by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors, and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, expressed or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. Responsible Editor: Lisa Bender This Springer imprint is published by the registered company Springer Fachmedien Wiesbaden GmbH, part of Springer Nature. The registered company address is: Abraham-Lincoln-Str. 46, 65189 Wiesbaden, Germany

V

Preface The safety of our children in connection with protection from assault or contact with violence is a basic need of parents, guardians, relatives, educators, association representatives and many other people in our society. The assessment of where these dangers lie and thus the resulting need is stronger as long as they are not self-chosen dangers. This means, for example, that although placing one’s own child in a child seat in the front passenger seat is statistically much more dangerous (Durbin et al., 2005) than in any other seat in the vehicle, this danger is regularly discussed in the background. Instead, hundreds of parents focus on the diffuse dangers of a hoax chain message they themselves helped spread in the parents’ chat of a messenger service and run up a storm against school administrators “if something is not done about it immediately”. The responsibility in connection with the use of smartphones by their own children is not seen. Numerous publications on the topic of child safety focus on individual aspects such as sexual abuse, bullying, self-defence or put a certain methodology in dealing with violence in the foreground. This work provides an overarching and user-oriented view that makes it unnecessary to deal with a multitude of individual topics up to a certain level of depth. It is a handbook for parents, educators and all responsible persons who want to give the necessary impulses in the direction of our children within the framework of their educational or professional or voluntary activities and who are interested in how to successfully convey these impulses. These impulses are intended to contribute to making childhood and adolescence largely safe and to helping our children and adolescents mature into independent people who are able to distinguish themselves from inadmissible demonstrations of power and violence in a clever and reliable way. The editors do not claim to present every detail or every phenomenon of the individual topics in a conclusive manner; the respective bibliographies in the articles offer the possibility of a more in-depth discussion. The reader will first get a phenomenological overview of the forms of violence our children can be exposed to. The spectrum here ranges from unpleasant and stressful situations due to boundary violations, phenomena linked to social media, domestic violence, bullying to massive acts of violence and sexualised violence. The fact is not neglected that aggression is not to be regarded as a negative violent assault from the outset, but can also be the stage of a behavioural expression within the framework of social conflict learning. In the following, statistical considerations, taking into account the light and dark fields, give an impression of the actual and suspected prevalence of these violent phenomena. The frequency of the use of weapons is considered as well as possible prior relationships between the perpetrator and his victim. Numerous attempts to explain violence, from which preventive conclusions can be drawn, form the basis of the next chapter on the causes of violent acts—the aetiology. Victimological considerations on the relationship between victim and perpetrator, followed by the presentation of different perpetrator typologies and their motivation, provide further indications that should be taken into account in preventive recommendations. Furthermore, there are conditions for success in every human being that ultimately set limits to attempts to prevent vio-

VI

Preface

lence, no matter how intensive they may be, and must therefore lead to age-appropriate recommendations in a goal-oriented manner; essentially, there is a close connection here with the mental and physical development of children. It is important for those responsible to know how the resilience of children can be increased, where their age-appropriate abilities lie and how their development is basically shaped. Violence is penalised in our society and there are limits to acts of help and defence. In the chapter on legal aspects, the reader is given an accurate overview of the essential aspects. These range from criminal norms, victims’ rights, liability issues, compensation for damages to unconventional suggestions for securing claims. After having thus laid the theoretical foundations for an efficient and effective set-up of preventive approaches, we introduce the reader to the protagonists who bear a great deal of responsibility due to their individual connection to the children—whether parents, educators, coaches. These people usually influence the children through educational elements and contribute to their development. Secondary instances such as the youth welfare office or the police are not neglected. A separate chapter is dedicated to the outstanding role of parents in the field of child education. The many possibilities as well as their limits and other influencing factors, such as the media, are examined. Children in our society spend a large period of time in educational institutions. This begins with kindergarten and pre-school and continues in schools. Expectations of these institutions have increased enormously in recent years; at the same time, their means, possibilities and ways are often overestimated or not always sufficiently known. In the chapter provided for this purpose, the respective partners of school and pre-school institutions are presented and convincing measures within the framework of social education are shown that can be realised at many institutions. This contribution is followed by a consideration of a socialisation instance that has been repeatedly brought to the fore politically, especially in recent years: Voluntary work in clubs can make a special contribution to developing the positive and strengthening elements in the nature of a young person. Clubs are places where young people meet and it is therefore important to ensure that they are protected places where socialisation can be complemented to a certain extent. The focus here is on primary prevention—prevention before the event—whereby a look is also taken at the activities in the event of an event. Asserting oneself in the face of life’s adversities, even violence, is not a quality we are born with. Strengthening these abilities requires the observance of basic rules and the use of appropriate methods; furthermore, the concrete objectives must be known to all participants. A person does not become a victim because he or she is a victim, but because there is another person who sees this person as a victim and then becomes a perpetrator. No less the same applies to the phase when self-assertion no longer works because the other person wants to violate the integrity of the individual and the individual has to defend himself physically—self-defence. This book deliberately refrains from a detailed presentation of individual techniques, but rather deals with fundamental ways and conditions that make a defence successful. Fortunately, the tendency to help others who are in need is still present in our society. In order for a helping person, whether child or adult, to behave properly in an emergency situation, certain backgrounds are helpful to understand, and observing various principles makes it much easier to provide assistance.

VII Preface

The two most important elements of successful demarcation—self-assertion and self-defence—are then outlined using the exemplary methodological and didactic structure of a model seminar. In it, the background presented in advance is combined in a user-oriented way and supplemented with important information on possible pitfalls. Within activities to teach the described skills—primarily by trainers or educators—unwanted incidents can occur, which are not infrequently solely in the sphere of the child. In a brief overview, the possible medical events and appropriate first aid measures are conveyed. 7 Chapter 15 presents programmes and projects that take into account the elements outlined above, and names official agencies, organisations, counselling centres and associations that provide assistance for prevention or in the event of an incident. “Not everything that happens to us through men is evil or bad”. (Härtel, 1996). [As a concluding sentence after the words of thanks to the author’s husband, who supported her in childcare during the writing of the book]. Even if such statements are more likely to belong to the unmanageable field of advice literature and scientific discussions allow for a more unbiased view, one-sided representations occasionally prevail, especially in the practical discussion of the topic. Extensive works speak exclusively of female victims and the male side is ascribed the role of perpetrator. The editors consider this view to be misguided. Therefore, the authors have also made an effort to present the content in a gender-neutral way with regard to the roles of victims and perpetrators, insofar as this is possible. We would like to thank all the authors involved for getting involved while respecting the aim of this book to limit the complexity of the topic in a user-oriented way. The references within the individual chapters required everyone to adapt their contributions to the overall concept and to accept the editors’ requests for revisions. The fact that this was done willingly and quickly made the work pleasant and productive for us; thank you for that! Rudi Heimann Dr. Jürgen Fritzsche

Frankfurt am Main in November of 2022

References Durbin, D., Chen, I., Smith, R., Elliott, M. & Winston, F. (2005). Effects of seating position and appropriate restraint use on the risk of injury to children in motor vehicle crashes. Pediatrics, 115(3), e305–e309. Härtel, H. (1996). Der Weg der Tigerin (S. 151). ECON.



IX

Contents I Basics 1

Phenomenology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Rudi Heimann

2

Statistical Considerations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Dennis Heimann

3

Aetiology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Rudi Heimann

4

Victimology. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Rudi Heimann

5

The Offenders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 Rudi Heimann

6

Development of Children and Adolescents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 Kathrin Kullmann and Rudi Heimann

7

Legal Aspects. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 Leslie Heimann

II Prevention 8

Those Responsible for Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 Rudi Heimann and Kathrin Kullmann

9

Educational and Training Institutions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155 Kathrin Kullmann

10

Sports Clubs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171 Chris Hörnberger

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Self-assertion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185 Chris Hörnberger

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Self-defense . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201 Jürgen Fritzsche

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Helping others . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 225 Rudi Heimann

X Contents

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Model Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 239 Jürgen Fritzsche and Anna-Maria Fritzsche

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Funding, Counseling and Support. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265 Chris Hörnberger Glossary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 274



Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 277

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Editors and Contributors About the Editors Rudi Heimann (Dipl.-Verw.), Vice President of South Hessian police headquarters, former head of a central foreigners authority, teaches the subjects of criminology, leadership theory and police deployment management at the Hessian University of Applied Sciences for Police and Administration. He is a guest lecturer at the German Police University and the BKA; one of his main areas of research is sexualised violence. He has published on topics such as exhibitionism, violence against women and is intensively involved with human behaviour in safety-critical situations. He trains trainers and educators to become DOSB-licensed violence protection trainers; he himself conducts violence protection seminars for a wide variety of target groups. Selters, Deutschland, [email protected]

Dr. Jürgen Fritzsche (Dr. phil nat, MA sport sciences) Technical Director of the Karate Federation Luxembourg, former head instructor at the German Karate Federation until the end of 2018. Among other things, he was head of department for violence protection and self-defence. As an internationally active lecturer (Experts for Training), the book author not only teaches trainers, physiotherapists and medical professionals, but also passes on his knowledge to institutes and companies. Usingen, Deutschland, [email protected]

Contributors Dr. Anna-Maria Fritzsche 

Rudi Heimann 

Usingen, Deutschland [email protected]

Selters, Deutschland [email protected]

Dr. Jürgen Fritzsche 

Chris Hörnberger 

Usingen, Deutschland [email protected]

Taunusstein-Wehen, Deutschland [email protected]

Dennis Heimann 

Kathrin Kullmann 

Siegen, Deutschland [email protected]

Selters, Deutschland

Leslie Heimann  Frankfurt am Main, Deutschland [email protected]

[email protected]

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Basics Contents Chapter 1 Phenomenology – 3 Rudi Heimann Chapter 2 Statistical Considerations – 21 Dennis Heimann Chapter 3 Aetiology – 33 Rudi Heimann Chapter 4 Victimology – 45 Rudi Heimann Chapter 5 The Offenders – 59 Rudi Heimann Chapter 6 Development of Children and Adolescents – 67 Kathrin Kullmann and Rudi Heimann Chapter 7 Legal Aspects – 87 Leslie Heimann

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Phenomenology Forms of Violence Rudi Heimann Contents 1.1 Introduction – 4 1.2 Violence – 4 1.2.1 Types of Violence – 5 1.2.2 Aggression – 6 1.2.3 Conflict – 6

1.3 Typology of Violence – 10 1.3.1 Domestic Violence – 11 1.3.2 Violence in Care Facilities and School – 13 1.3.3 Violence in Other Social Environment – 15 1.3.4 Violence in Virtual Space – 15

References – 18

© The Author(s), under exclusive license to Springer Fachmedien Wiesbaden GmbH, part of Springer Nature 2022 R. Heimann und J. Fritzsche (Hrsg.), Violence Prevention in Education, School, and Club, https://doi.org/10.1007/978-3-658-38551-4_1

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Violence is obviously inseparably linked to humans. At the same time, it is a changeable phenomenon that can be associated with individual views. There are as many different definitions of the term as there are manifold forms of appearance. Violence is to be distinguished from terms such as aggression or conflict. In addition to collective violence and self-aggressive behavior, the focus is on the forms of violence that take place between people. These can be found in the areas of family, child care and school, in the wider social environment such as clubs, during leisure activities and other contacts. Last but not least, the violence phenomena in the virtual space are outlined, the extent and consequences of which are extremely difficult to assess.

1.1  Introduction

What makes the behavior of a person a violent action? Is it: …the description of the behavior in a criminal offense (7 Chap. 7)? …the attribution by changed views on the right of parents to punish? …the mutual beating in a boxing match? …the mutual beating between rival hooligans? …the spraying of a (foreign) bleak concrete wall by a graffiti artist? …the termination of a pregnancy against the father’s will? The first example pair makes it clear that our society has established norms and that these rules can change. The second one shows that the context can influence our assessment of whether it is violence. And it gets even more behind-the-scenes in the third area when it also comes to individual convictions. The range of understanding of violence is not surprising. This is because an action “in itself ” is not necessarily violent, but violence is what our society defines as such. At different times and with different cultural understanding, this definition standard can change. Therefore, the prevention of violence requires a differentiated understanding of the term. If violence prevention is being dealt with, it should be clear to all parties involved what is meant by violence, how and why it arises (7 Chap. 3) and which procedures (7 Chaps. 8, 11 and 12) are useful for containment or even prevention of violence. 1.2  Violence

Legal definitions of the concept of violence exist, but they only help to a limited extent in view of the complexity of the concept. Originally, violence was understood to mean “the manifestation of physical force by the perpetrator to overcome resistance actually or expected” and includes “also physical effects that set in motion a psychological process” (RGSt, 1929). Later, this term was stretched even further and then also included psychological coercion (BGH, 1969). The fact that the Federal Constitutional Court has in a further step relativized this formulation again is rather of a legal-theoretical nature (BVerfG, 2001). Violence can have “very different subjective and objective causes and consequences and also its evaluation often escapes the desired clarity” and it is “one of

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the most difficult social phenomena […], because its characteristics seem to be ambiguity and it is always available as an instrument to demonstrate power.” (Heitmeyer & Schröttle, 2006). The Council of Europe goes so far as to leave the definition of violence to the respective participants. “The Group of Experts opted for a pragmatic approach by leaving it to each of the Council’s correspondents to decide what constituted violence.” (Council of Europe, 2004). The World Health Organization dares to define violence (WHO, 1996): Violence The intentional use of threatened or actual physical force or power against oneself, another person, or a group or community, which either results in or has a high likelihood of resulting in injury, death, psychological harm, mal-development, or deprivation.

This definition does not ask about the legitimacy of an act of violence, e.g. by state institutions such as the police or in the context of self-defense by a victim (7 Chap. 7). This shows that in dealing with the topic, a broad definition of violence should be assumed as a matter of principle. The WHO definition includes interpersonal violence, suicidal behavior, and further massive confrontations. It includes actions that go beyond concrete physical action and also includes threats and intimidation. In addition to death and injury, the definition also includes the wide range of often less visible consequences of violent behavior, such as psychological damage, deprivation (glossary), and mal-development, which endanger well-being. 1.2.1  Types of Violence

The following types of violence can be distinguished in the context of children and adolescents: Physical Punishment  Shaking, slapping, hitting either with the flat hand or fists, kicking with the feet or hitting and throwing with objects. Throwing to the ground and performing the actions described above. Preferred target areas are the head in the skull area, the ears, the upper body; preferably, parents or other socially close persons make sure that no immediately visible injuries occur. Psychological Aggression  Screaming and insulting the child; also with negative de-

scriptions of basic character traits such as “stupid” or “lazy”. Violent Discipline  Imprisonment and other forms of physical punishment and psychological aggression. Withdrawal of food and affection. In connection with violence, the terms aggression and conflict, often used as synonyms, are often used, which are examined in more detail below. The relationship of the three areas is illustrated in . Fig. 1.1.

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Conflict Aggression

Violence

. Fig. 1.1 Conflicts—Aggression—Violence

1.2.2  Aggression

Baron and Richardson (1994) understand this to mean a behavior that is unwanted by the person affected by it, whether it is blows, kicks against the school bag or spreading rumors via a messenger service. Aggression Any form of behavior that is intended to harm or injure another living being, which is motivated to avoid this treatment.

This definition leads to derivations. First, it becomes clear that the intention of the acting person is a key element and not the success of the action. A posted rumor with insulting content that is not read by anyone or a shampoo bottle filled with hair removal agent that is never used remain aggression by definition. Conversely, the lack of intention removes the aggressive element from the behavior: If a child falls on a slippery road and grabs the person next to him and pulls him down or if a child is hit in the face by a ball in gym class because he moves himself in an unpredictable way into the throwing path, there are no aggressive actions. Damages can regularly be traced back to negligence or chance at this stage. Furthermore, behaviors that are desired by the affected person are also not aggressive, such as medical treatment. It is beyond question that a person can also behave aggressively towards himself, but this is not the focus of these considerations. 1.2.3  Conflict

Waßmuth (1992) would like to see the term Conflict neutral, unbiased and rather positive. It is to be considered as a social behavior in which at least two people enter into a communication relationship and at least one person at least has the feeling of

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being impaired by the other person—even if this person actually neither commits nor intends the impairment. Conflict Is a social situation in which at least two parties (individuals, groups, states) are involved, which 5 different, from the starting point incompatible goals pursue or the same goal strive, which but only one party can reach, and / or 5 different, from the starting point incompatible means to the achievement of a certain goal want to apply.

The problem lies in the possible escalation of a conflict. In particular, if conflicts are to be resolved over exercise of power, they become increasingly difficult to control and can get out of control. The ever more intense confrontation, up to the use of violence, can then be the only remaining alternative for participants. The question of victory or defeat then dominates the conflict parties and common solutions are no longer in the foreground. Glasl (1992a) is of the opinion that “conflicts so much impair our ability to perceive and our thinking and imagination that, in the course of events, we no longer see things properly in us and around us. It is as if our eyes would become more and more blurred; our view of us and the opposing people in the conflict, the problems and events becomes narrower, distorted and completely one-sided. Our thinking and imagination follow compulsions of which we are not sufficiently aware.” He describes the possibly resulting dynamics in the nine stages of conflict escalation (. Fig. 1.2), which show a one-way street up to the total confrontation of the conflict parties. In stage 1, different positions meet, conversation partners tense up, but there is no camp formation yet and there is the conviction that the conflict can be solved by conversation. The thought of cooperation prevails. ► Stage 1 Two long-time friends are not in agreement on a topic. Both feel that the other does not pay enough attention to and appreciate their opinion. There are more and more snide remarks and tension. ◄

If a debate begins at level 2, it becomes polarized, underlying tones come to light, people start to devalue each other and, under certain circumstances, time-limited subgroups fight for positions using different tactics. Cooperation and competition are in balance. ► Level 2 The two friends argue more often; each tries to forcefully convince the other of their own opinion. Since this does not work, the fronts harden and the needs of the other are no longer taken into account. ◄

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. Fig. 1.2  Nine stages of conflict escalation according to Glasl (1992b)

Hardening

Debate

Deeds instead of words

Coalitions

Personal attacks

Threats

Limited destruction

Disintegration

1 Total confrontation

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Afterwards, the share of language shifts to the advantage of nonverbal behavior. Mistrust leads to a pessimistic anticipation, cohesion in possibly existing groups increases, different group roles become clearly visible and lost empathy lets threatening gestures come to the surface. Competition prevails over the desire for cooperation. Conversation interruptions are signs of this level. ► Level 3 Both carry out demonstrative actions. The mutual appreciation is in the foreground and therefore becomes the subject of the conflict. One no longer supports the other in school and the other “forgets” appointments. ◄

At level 4, rumors nourish clichéd thinking, supporters are recruited for one’s own position and existing coalitions appear to have a symbiotic connection. Competitors are subtly punished so that the behavior is not yet reproachable. ► Level 4 The friends look for support. Among the common friends and even among each other’s siblings, attention is drawn to the other’s misconduct and attempts are made to find confirmation and approval. ◄

This is followed by open accusations on a personal level. The opponent is demonized and expelled. A sense of isolation leads to a form of social autism, and events from the past are brought into such different relationships that they subsequently confirm the inner attitude. Trust is lost. ► Stage 5 After the coalitions have been formed, the other is increasingly denounced. More and more reasons are found why one is “in the right”. Self-control decreases and moral boundaries fall; negative aspects are collected to support one’s own position. ◄

Stage 6 is characterized by threats and counter-threats; demands are linked to sanctions. The credibility of threats is assessed in this phase. Power strategies are used to gain the upper hand. ► Stage 6 One friend threatens the other to steal her boyfriend and the other threatens not to take her friend to a club she has exclusive access to. ◄

On the next level, even a relatively small amount of damage to oneself is already considered a win. The opponent is no longer seen as a human being. The use of all means is legitimate as long as it only harms the other. ► Stage 7 The two begin to harm each other. The laundry is suddenly discolored, a long-worked-on homework has disappeared from the computer. ◄

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Within level 8, not only the counterpart in the conflict, but also those who support them, are to be destroyed. This is done in a very systematic way and existing networks are also destroyed. ► Stage 8 Partners, friends, siblings and even parents are actively courted with cleverly built-up rumors that are intended to make these people turn away from the other friend. ◄

In stage 9, one’s own destruction is accepted in order to drag the opponent down with them into the abyss. Absolutely no consideration is given to the environment. Both sides only see the complete and final destruction of the other as the goal. ► Stage 9 One friend denounces the other for cheating during an important exam, the other publishes revealing pictures of her friend on an Internet platform and offers sex in addition to them. There is an indictment and a court case. ◄

The stages of this model do not necessarily occur in their pure form and can also be skipped; depending on the personal characteristics of the individuals involved. Violence and violent behavior within conflicts are specific features of the situation, in which (Eckert & Willems, 2002): (a) escalatory patterns of behavior either appear rational and promising as problem-solving options, (b) in which the use of violence is perceived as acceptable and low-risk due to changed legitimations, ideologies, and opportunity structures, (c) in which emotions such as anger, hatred, and thirst for revenge become determinants of action and override rational strategies, or (d) in which the fundamentalization of the conflict serves to win solidarity and support. They are therefore not primarily to be seen as personality traits or motives of one or both parties to the conflict, nor as a mere expression of structural conditions. This also means that violence prevention means preventing the escalation of conflicts, either by preventing further escalation or by dealing with the conflict constructively from the outset so that this stage is not reached at all. > Violence prevention is not only the prevention of escalation in a conflict, but begins with preventing it from becoming a conflict in the first place.

1.3  Typology of Violence

The diversity of the occurrence and the complex conditions of violence (7 Chap. 3) require a classification of violence. In this way, the character of the problem and the measures required to solve it become clearer. Research and concrete countermeasures are fragmented and, for a holistic prevention model, the connections between

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the different forms of violence should be highlighted. There are only a few typologies and none of them is comprehensive or generally accepted (Foege et al., 1995). The World report on violence and health (WHO, 1996) makes a distinction into three areas that are classified according to who the violence is committed by: 1. Violence against oneself 2. Interpersonal violence 3. Collective violence In this chapter, the first (self-harm) and third areas (violence committed by larger groups such as states, organized political groups, militias, and terrorist organizations) will not be considered in more detail. Interpersonal violence is divided into two categories: Domestic Violence and Among Intimate Partners  Violence that is largely confined to

family members and intimate partners and is usually, although not exclusively, committed in the home of the victims. This includes neglect, child abuse or sexual abuse of children. Violence Committed by Members of the Community  Violence between non-relatives

and non-necessarily known persons, which is usually committed outside of the victim’s home. This includes violence between children and adolescents, random acts of violence or sexual assaults by strangers and violence in institutional settings, such as in schools or clubs. 1.3.1  Domestic Violence

That parents or other people who are generally responsible for the care of the child neglect, abuse or mistreat children is a worldwide and ubiquitous phenomenon in all social classes. Parents, step-parents, foster parents, brothers and sisters, relatives and other people who care for children can be responsible for violence against children in the family. The most common forms and accompanying factors of violence in the family are (United Nations Children’s Fund, 2017): Violence Against Infants  It can lead to long-term health problems and even death.

For example, if a baby is shaken, it can cause brain injuries. Child Marriages  82 million girls worldwide are married before they turn 18. Younger girls are married to older men and experience violence in marriage, such as forced sex. Physical Violence  In most cases, physical violence against children does not lead to death or long-term injuries. This method is often used to make children obey. Rough treatment and strict punishment take place worldwide. Only 16 out of over 200 countries in the world have laws that prohibit physical punishment of children at home. Globally, one in four people responsible for children believes that ­physical

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punishment is necessary for good parenting. Poverty and wealth provide no protection at this point. The largest burden of violent discipline is on the poorest and richest families, respectively. Harmful Traditions  Certain customs involve violence against children, such as: 5 genital mutilation of girls and women (circumcision of the genitals of girls): Worldwide, 100 to 140 million girls and women are victims of genital mutilation each year 5 Disfigurement, branding, burning and other painful forms of body modification 5 Violent initiation rites in which boys or girls, before they are admitted to the world of adults, are forced to violence or treated violently 5 honor, in which men kill girls in the name of family honor because the girls have sex before marriage or resist an arranged marriage 5 Children are accused of “witchcraft.” These children are expelled, abused or killed. Others serve as victims in “witchcraft rituals”. Emotional Violence  In addition to physical violence, families also use emotional vi-

olence to punish children. Insults, derogatory names, threats, isolation, rejection or withholding of love from children are all forms of this violence. Sexualized Violence  Children are usually forced by men and boys in their family into sexual intercourse or harassed and touched in a way that is unpleasant to them. Girls and boys are usually sexually abused at home by a male family member. Between one and 21% of girls are sexually abused before they reach the age of 15 years. Neglect  Families do not adequately ensure that their children receive what they need to feel safe and healthy. They do not protect their children from dangers; girls and disabled children are at the most risk here. In the United States of America, three children die every day from neglect or abuse (Daro, 1990) and many spend their entire lives in this state. Witnesses of Violence  Witnessing violence in the home can have a lifelong impact

on how a child feels, how it develops, and how it interacts with other people. In families where there is violence against women, there is also often violence against children. One in four children under 5 years of age lives in a family where the mother lives with a violent father. The UNICEF survey covers many countries of the world that are only partially comparable to the situation in Central Europe and thus in Germany; nevertheless, it leaves an impression of the ratio of adults to children. In addition, Germany has been in the focus of immigration again since 2015. It would be naive at this point to assume that arriving people leave their cultural habits and traditions in their country of origin. Part of their culture and self-image are also their ideas about child-rearing. For Germany, the number of studies on violence in the family is manageable. Hellmann (2014) shows in a convincing and probably the dark field (7 Chap. 2) very well mapping study (n = 5839) that 51.4% of respondents were raised non-violently. Since the survey related to different age groups, it can be seen hopefully that

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the trend towards non-violent education is increasing. There were no indications of disproportionate burdens depending on the origin of the respondents; only in the area of severe parental violence there was a higher burden of affected people with Turkish and Russian migrant background. Caution is advised when concluding from a non-violent education that this would automatically lead to a attentive education or vice versa. 72.5% of respondents who were exposed to severe parental violence also experienced a high level of parental attention. Almost half of the cases were raised completely non-violently and at the same time experienced a high level of parental attention (7 Chap. 8). Furthermore, it can be derived: 5 Fathers are more violent than mothers. 5 Male children with migrant background experience more abuse than female children with migrant background; without migrant background there is no significant difference. 5 Fathers are less violent towards female children than towards male children. Mothers do not discriminate in the use of violence. It should be noted for Germany that, in comparison to 1992 (Wetzels, 1997), the frequency of violence against one’s own children has more than halved in all forms of violence by the 2011 survey (Hellmann, 2014). The tendency towards non-violent parenting only applies to respondents without a migrant background; no change is noticeable among those with a migrant background. > Violence is inherent in a society and therefore only very limited avoidance is possible.

Further details on victims and offenders in the family context (7 Chaps. 4, 5 and 8). 1.3.2  Violence in Care Facilities and School

Care facilities such as nurseries, kindergartens and schools are the places where children and young people spend the most time outside the family. The people who meet there bring with them all their individual ideas about education, discipline and conflict resolution, as well as their problems. It would therefore be surprising if these institutions were places of bliss where violence was kept at bay. Violent methods of discipline such as flogging, slapping or locking up have become rare in most European care and educational institutions in comparison to the 1960s of the last century. And ultimately, it is not only the authoritarian practices of adults that are called into question here; rather, elements such as chicanery and bullying (glossary) are in the foreground. Unfortunately, social learning in these institutions is not limited to the contents of the curriculum, often extending to harassment, insults, brawls and all other forms of violence. They are often deeply regretted by those in charge as a lack of discipline, but ultimately accepted and not infrequently hushed up. This can set in motion a spiral—towards harsher forms of violence. There are no nationwide studies on violence in schools in Germany. The perception of the extent of school violence is largely determined by the media. Sensational individual cases of abuse by teachers, torture allegations against classmates,

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suicides by students and finally rampages are brought into the center of attention. At the same time, it must be considered whether such a trend in a time when aggressive language has found widespread distribution can be projected one-sidedly negatively on care and educational institutions. Lösel and Bliesener (2003), the Federal Association of Health Insurance Funds (2005) and Schwind (2011) present the possible forms of violence and accompanying phenomena as follows: Increase in Difficult Children  The number of difficult children continues to rise, with

aggressive behavior of children already starting in kindergarten and being a precursor to later acts of violence. There is an empirical connection between disruptive children in class and the probability of psychological and verbal aggression towards classmates. Fears  One third of the students are afraid on the way to school and on the play-

ground. Bullying  Mobbing in the school context is referred to as bullying. The group of those who attack and torture classmates in various ways, without themselves being victims to a greater extent, can be limited to about 5%. There are high correlations between school bullying and general delinquent (glossary) and dissocial behavior such as theft, drug use, truancy or cheating. Slander  Social media offer the opportunity for the public humiliation of class-

mates or teachers. Helping Behavior  Victims are rarely helped because intervention can cause trouble or the helping person fears becoming a victim themselves (7 Chap. 13). Assaults, Torture, Robbery and Extortion  There is an increase in assaults. The decrease in designer clothing or other status symbols during a robbery is occurring. For long periods of time, students are tortured by other students. The implementation of the crime is more reckless and brutal (kicking when down), “happy slapping” (randomly hitting victims and filming it). In the area of cyber extortion, such as the threatened distribution of nude pictures or sexual acts in front of a webcam (Sextortion (glossary)), there are also increases. Property Damage  A concentration of vandalism is occurring. During and outside of school hours, toilets are willfully destroyed, buildings are flooded and walls are graffitied on. Sexual Harassment and Abuse  The different forms of sexual harassment and sexual

abuse (7 Chap. 7) are favored by dependency relationships and special opportunities. Crime Scene  The most common place of experienced violence is the playground; the school way is of secondary importance.

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Verbal Violence  The most common form of violence at schools is the verbal violence. The frequent occurrence indicates a coarsening of the tone of interaction and a bad interaction climate. Mutually screaming is supposed to be the norm. Distribution at Schools  Mainly affected are special schools, grammar schools and

vocational preparation classes, primarily in large cities with problematic school catchment areas (troubled schools). Violence at schools tends to decrease with increasing educational level. grammar schools show particularly high values ​​for physical violence than gymnasiums. Weapons  Weapons are still carried, but still primarily for the sake of impressing, less to use them to intimidate. For the special features of the respective victims and offenders as well as gender-specificities in the school context (7 Chaps. 4 and 5).

1.3.3  Violence in Other Social Environment

Even though the two fields of family and caring or school environment take up the largest part of the time in the lives of children and adolescents, violence phenomena can also extend to other areas of life. Leisure and club activities, summer camps, visits from friends, staying in other communities, in short, every contact with other people also includes the possibility of being confronted with violence. The violent phenomena occurring there are basically identical to the aforementioned areas and of course also have an intersection with the violence phenomena in virtual space (7 Sect. 1.3.4). Depending on the design of the contact, special opportunity structures for offenders arise, caused by special trust relationships or the isolation of the victim (7 Chap. 4). 1.3.4  Violence in Virtual Space

Even if there may still be fine distinctions according to age groups, nowadays one can speak of almost nationwide access to the Internet for children and adolescents in Germany (7 Chap. 8). In many cases there is an additional way via a smartphone. Existing statistics (Livingstone & Haddon, 2009) show a steady increase in younger and younger children as Internet users. In addition to the opportunities for information, contacts and experiences, there are risks in the areas of commerce (children as victims of hackers, gambling addiction), aggression (violent content, bullying, stalking), sexuality (pornography, grooming (glossary)) or values (racism, self-harming behavior such as instructions for suicide or bulimia). These risks are increased by the fact that at least every second adolescent discloses personal information on the Internet. As a rule, experiences are not discussed with parents or persons of trust. Many parents are not aware of their children’s online activities or see no way to control them.

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Sexting (Glossary) plays a special role in this context. Initially, text and image material is exchanged with mutual consent, only to then be used against the other person (7 Unwanted Publicity) if, for example, the partners have separated. Unwanted Publicity

A 13-year-old girl sends her equally old friend pictures and films in which she masturbates. After she has separated from him, he spreads the image and video material at school and among friends. Neither is the perpetrator aware that he is committing crimes (7 Chap. 7), nor is there a special concern within the school class when the topic is dealt with there. After all, the “student is to blame”.

While 2009 (Lenhart) et al. found that 4% of 12 to 17-year-olds wanted to send such material, this number rose to 26% in 2015 (Feierabend, Plankenhorn & Rathgeb). As long as the images and texts only reach the desired people and these people deal with the self-revelations responsibly and respectfully, there may be no special dangers. However, both are not always guaranteed. This often has negative consequences for the sender. At the same time, there seem to be connections with other risky behaviors such as smoking (Lee et al., 2013), alcohol and drug use (Temple et al., 2014). > Parents could be a valuable support for children and adolescents against violence in the virtual world.

Although children from disadvantaged families have less access to the Internet than their peers from better-off families, their online risks are rated higher. And so the experiences are (Livingstone & Haddon, 2009; Baier et al., 2010): 5 Four out of ten children and adolescents in Europe have already been confronted with pornography on the Internet. 5 One third has already seen “hate sites” or sites with violent content. 5 One in five young people says that he was hated or harassed on the Internet. 5 In Germany, every tenth adolescent has received unwanted sexual comments. This is twice as often the case for girls as for boys. 5 Approximately 15 to 20% of children and adolescents were threatened on the Internet and about the same number were asked by a chat acquaintance to send nude pictures or videos. 5 Content with extreme violence and sexual acts is viewed or downloaded many times more often by boys than by girls. The different forms of violent influence resemble each other as in physical space (Fawzi, 2009; Robertz, 2010; Hinduja & Patchin, 2009; Kowalski et al., 2008; Riebel, 2008):

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Approaches  Unwanted approaches in connection with promises of rewards or threats of reprisals. Harassment  Actions of individuals or groups that are perceived as impairing or damaging by the victim. The victim is ridiculed, insulted, abused, threatened or otherwise actively disturbed in direct online communication, such as e-mail, instant messaging or online chat. Exposure and Betrayal  Personal, confidential or intimate information of the victim

is disseminated. This can be done by forwarding e-mails to unauthorized persons or publishing on websites, etc. The exposure is similar to defamation, the difference being that the disseminated information originally comes from the victim himself. Cyberstalking  The usually secret and persistent pursuit of a person and collecting information about this person. Endangerment by Third Parties  The victim is deliberately put in danger by third par-

ties. For example, information about the victim is given to potentially dangerous individuals or groups, potentially dangerous individuals or groups are provoked on behalf of the victim, or the victim is offered on sex sites. Grooming (Cyber-Grooming)  By building trust, crimes such as the production of

child pornography or sexual abuse are to be prepared. First, the future victim is flattered or given gifts. Happy Slapping  In Happy slapping an deliberately staged act of violence is pho-

tographed or videotaped and the recording is then distributed. Although the name Happy slapping suggests a playful and harmless character, there are cases in which the victim was beaten or raped to unconsciousness. Slander  Deliberately harmful or disadvantageous information about the victim is

spread. This can be done by mass-mailing e-mails, SMS, in public online chats, on websites or in social networks. Sexual Harassment  Any form of harassment that is aimed specifically at the gender

of the affected person. Sexual harassment includes, among other things, sexist and gender-related degrading or embarrassing comments and actions. Social Exclusion  The victim is deliberately excluded from online communication en-

vironments. Further explanations of the respective victims and perpetrators in virtual space (7 Chap. 4, 5).

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References Baier, D., Pfeiffer, C., Rabold, S., Simonson, J., & Kappes, C. (2010). Children and adolescents in Germany: experiences of violence, integration, media consumption. KFN. Baron, R. A., & Richardson, D. R. (1994). Human aggression (2nd ed., p. 7). Plenum. BGH, 2 StR 171/69, Urt. v. 08. August 1969, BGHSt 23, 46. Bundesverband der Unfallkassen. (2005). Gewalt an Schulen. Ein empirischer Beitrag zum gewaltverursachten Verletzungsgeschehen an Schulen in Deutschland 1993–2003. DGUV. BVerfG, 1 BvR 1190/90, 1 BvR 2173/93, 1 BvR 433/96, Beschl. v. 24. Oktober 2001, BVerfGE 104, 92. Council of Europe. (2004). Confronting everyday violence in Europe: An integrated approach. Final report of the integrated project responses to violence in everyday life in a democratic society (2002–04). Council of Europe, Strasbourg. Daro, D. (1990). Prevention of child physical abuse. In R. T. Ammerman & M. Hersen (Eds.), Treatment of family violence: A sourcebook (pp. 331–353). Wiley. Eckert, R., & Willems, H. (2002). Escalation and de-escalation of social conflicts: The way into violence. In W. Heitmeyer & J. Hagan (Eds.), International Handbook of Violence Research (pp. 1462). VS Verlag. Fawzi, N. (2009). Cyber-bullying. Causes and effects of bullying on the Internet. Nomos. Feierabend, S., Plankenhorn, T., & Rathgeb, T. (2015). Youth, information, (multi-) media. Baseline study on the media use of 12- to 19-year-olds in Germany. Medienpädagogischer Forschungsverbund Südwest. Foege, W. H., Rosenberg, M. L., & Mercy, J. A. (1995). Public health and violence prevention. Current Issues in Public Health, 1, 2–9. Glasl, F. (1992a). Conflict management. A handbook for managers, consultants and counsellors (8th ed., p. 34). Freies Geistesleben. Glasl, F. (1992b). Conflict management. A handbook for managers, consultants and counsellors (8th ed., p. 236). Freies Geistesleben. Heitmeyer, W., & Schröttle, M. (Hrsg.). (2006). Gewalt. Beschreibungen, Analysen, Prävention (S. 16). BPB. Hellmann, D. F. (2014). Repräsentativbefragung zu Viktimisierungserfahrungen in Deutschland. KFN. Hinduja, S., & Patchin, J. W. (2009). Bullying beyond the schoolyard – Preventing and responding to cyberbullying. Sage. Kowalski, R. M., Limber, S. E., & Agatston, P. W. (2008). Cyber bullying: Bullying in the digital age. Blackwell. Lenhart, A. (2009). Teens and sexting: How and why minor teens are sending sexually suggestive nude or nearly nude images via text messaging. Pew Internet & American Life Project. Lee, C.-H., Moak, S., & Walker, J. T. (2013). Effects of self-control, social control, and social learning on sexting behavior among South Korean youths. Youth & Society, 48, 242–264. Livingstone, S., & Haddon, L. (2009). EU Kids Online: Final report. EU Kids Online, London. Lösel, F., & Bliesener, T. (2003). Aggression und Delinquenz unter Jugendlichen. Untersuchungen von kognitiven und sozialen Bedingungen (S. 153). Luchterhand. RGSt, II 369/28, Urt. v. 02. Dezember 1929, RGSt 64, 113. Riebel, J. (2008). Spotten, Schimpfen, Schlagen: Gewalt unter Schülern – Bullying und Cyberbullying. Verlag Empirische Pädagogik. Robertz, F. J. (2010). Jugendgewalt 2.0 Über Cyberbullying und Happy Slapping. In F. J. Robertz & R. Wickenhäuser (Hrsg.), Orte der Wirklichkeit. Über Gefahren in medialen Lebenswelten Jugendlicher (S. 71–78). VS Verlag. Schwind, H.-D. (2011). Kriminologie. Eine praxisorientierte Einführung mit Beispielen (S.  238–242). Kriminalistik. Temple, J. R., Le, V. D., van den Berg, P., Ling, Y., Paul, J. A., & Temple, B. W. (2014). Brief report: Teen sexting and psychosocial health. Journal of Adolescence, 37(1), 33–36. United Nations Children’s Fund. (2017). A familiar face: Violence in the lives of children and adolescents. UNICEF.

19 Phenomenology

Wasmuth, U. C. (1992). Peace research as conflict research. On the necessity of a return to conflict as a central category. AFB-Texte. 1/1992 (S. 4). Arbeitsstelle. Wetzels, P. (1997). Experiences of violence in childhood: Sexual abuse, physical abuse and their long-term consequences. Nomos. WHO. (1996). Global consultation on violence and health. violence: A public health priority. WHO.

Rudi Heimann

(Dipl.-Verw.), Vice President of police headquarters South Hessian, former head of a central aliens authority, teaches at the Hessian University of Police and Administration the subjects criminology, leadership and police operational management. He is a guest lecturer at the German Police University and the BKA; one of his research focuses is sexual violence. He has published, inter alia, on the topics of exhibitionism and violence against women and is intensively involved in human behavior in security-critical situations. He trains and educates trainers and educators to become DOSB-licensed violence protection trainers; he himself conducts violence protection seminars for a variety of target groups.

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Statistical Considerations Bright and Dark Fields of Crime Dennis Heimann Contents 2.1 Introduction – 22 2.2 Bright Field – 22 2.3 Dark Field – 24 2.3.1 Methods of Dark Field Research – 25 2.3.2 Size of the Dark Field – 26

2.4 Sexualized Violence – 26 2.4.1 Exhibitionist Actions – 27 2.4.2 Distribution, Acquisition and Possession of Child Pornographic Writings – 27 2.4.3 Sexual Abuse of Children – 27

2.5 Violent Crime – 29 2.5.1 Assault – 29 2.5.2 Kidnapping – 29 2.5.3 Killing Offenses – 30

2.6 Use of Weapons – 30 2.7 Abduction of Minors – 30 2.8 Means of the Internet – 31 2.9 Perpetrator-Victim Relationship – 31 References – 32

© The Author(s), under exclusive license to Springer Fachmedien Wiesbaden GmbH, part of Springer Nature 2022 R. Heimann and J. Fritzsche (eds.), Violence Prevention in Education, School, and Club, https://doi.org/10.1007/978-3-658-38551-4_2

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Security could be considered as a measurable objective state, but also as an expression of a more or less existing, highly individual sense of security. The fear that one’s own child will become a victim of crime increases when incidents become known in public. In connection with sexualized violence, bodily injury and other crimes, this sometimes leads to unfounded fears, for example when the same crime is often discussed in the media. At this point it is helpful to inform oneself about which crime rates actually exist, whether certain criminal phenomena are tending to increase or decrease and whether statements in connection with crimes correspond to reality or rather represent a myth. This could, for example, involve the potential arming of perpetrators or the ratio between perpetrator and victim. In addition, terms such as bright field or dark field are explained.

2.1  Introduction

The following chapter should statistically process various areas of crime. In addition, the goal is to work out significant differences and statistical dependencies. For this purpose, reliable figures from the annual Police Crime Statistics (PKS) of the Federal Republic (BKA, 2019) are taken, among other things. They are to be seen against the background that Germany had around 83.1 million inhabitants at the end of 2021 and 16.3 million of them were under 20 years old. If a statistical analysis is carried out with regard to various outrages of violence, it is absolutely necessary to show the importance of the dark field research. It would be negligent and devastating for any prevention approaches to assume that the figures of the Police Crime Statistics finally reflect the actual amount of crime. After the change in 1990, the number field of the PKS becomes more transparent and clearer, as it can be assumed that the statistics were kept more uniformly in Germany. In particular, from this time on, it can be assumed that the PKS of the Federal Criminal Police Office (BKA) has a certain degree of accuracy, as this essentially represents an essence of the police crime statistics of the countries. The PKS is the nearest thing to a crime, as it basically counts all crimes known to the police and all suspected offenders. One difficulty that the police crime statistics are confronted with is that only those crimes that have been officially registered flow into the statistics. For this reason, it is essential to describe the relationships and effects of bright and dark fields at the beginning in order to awaken a better understanding of statistical clustering. 2.2  Bright Field

The bright field is, among other things, statistically recorded by the PKS of the Federation. The PKS is published by the Federal Criminal Police Office in the first months of each year. Since it represents a compilation of state statistics, this only happens when each federal state has made its statistics known. The possibilities for evaluation and the informative value are limited by various phenomena and developments: 5 Only reported crimes are included in the PKS. 5 Charges that ultimately result in an acquittal are recorded in the PKS and no subsequent correction is made. This can result in crimes being problematized

23 Statistical Considerations

even though, in the case of a justified acquittal, no crime may have taken place at all. 5 Since 2009, suspects have been counted in a different way. A person who has been registered in several federal states is no longer shown multiple times in the PKS, but only as one suspect. The switch to this counting method does not allow comparison of the number of suspects with the previous year. 5 There are areas of crime that are summarized in the PKS. For example, sexual abuse of minors is subsumed under § 174 StGB. There is no distinction between whether it is § 174a, b, or c. 5 In 2016, former crime categories were changed and new crime categories were created in the area of sexual self-determination. The first implementation took place in the crime catalogue of the PKS in 2017. The further adjustments are taken into account from 2018. As a result, the comparison of crimes against sexual self-determination with the previous years is not or only partially possible. 5 Another problem is the actual time of the crime and the official notification of the crime (7 Statistics and Time of the Crime).

Statistics and Time of the Crime

If several baby corpses are found, they are only recorded in the year of discovery; even if their death took place many years ago. If crimes are reported after years because victims can only decide to file a criminal complaint then, the crime is recorded in the year the complaint is filed.

Abuse scandals from holiday camps, boarding schools or within church institutions that were uncovered in recent years also make themselves felt statistically in the year of their discovery and not in the year in which the crime was committed. This means that the actual period of the crime is not taken into account. The statistics are not subsequently corrected. > Official police statistics are snapshots—subsequent corrections are not made; therefore, short-term derivations are difficult if not impossible.

This circumstance is of particular importance when it comes to assessing the effectiveness and efficiency of certain prevention approaches. Not least for this reason, dark field research (7 Sect. 2.3.1) is important. Other possible sources of error of the PKS: 5 The display behavior changes depending on the severity of the offense, offender and victim characteristics, offender-victim relationships, or an existing insurance for the damage. Therefore, the display behavior is higher in a murder or robbery. However, in the case of sexual abuse or theft within the family, the display behavior is significantly lower due to the offender-victim relationship. Property damage is also often reported because there is hope for compensation. 5 Influence on the number of cases through targeted police controls, which has less importance for the offenses considered here. For example, drug offenses are

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D. Heimann

mostly only known through controls and thus the number can be influenced by police priorities. 5 Certain offenses can only be committed by certain people, such as an illegal stay can only be committed by foreigners. Therefore, conclusions about foreign crime can only be made after careful consideration of the underlying offenses. 5 Other offenses are not recorded: – State security offenses – Traffic offenses – Violations – Offenses that are not within the scope of the police (e.g. financial and tax offenses) and – Crimes that are reported directly to the prosecutor. Despite all these restrictions, there is still no similarly informative source as an alternative with the help of which reliable statements about the bright field could be made. In different tables of the PKS, among other things, data can be seen on: 5 Total number of crimes 5 Suspects 5 Victims 5 Perpetrator-Victim Relationships 5 Crime time statistics 5 Crime scene distribution 5 Damage amounts 5 Cleared cases The tables sometimes differentiate between crimes that ended in an attempted stage or were completed. For the sake of better clarity, with the exception of special cases, no differentiation is made. Also, the statistical processing of children, adolescents and young adults will be predominantly limited. If research on the local or current statistical data is required, the BKA statistics provide an overview of Germany. The state criminal police offices publish the statistics for the respective federal states. The largest regional reference is made by statistics of the police directorates or police presidencies. The number values ​​become smaller and general statements can only be made to a limited extent. 2.3  Dark Field

By specifically dealing with the Dark field, an attempt is made to make a more valid statement about the course and development of crime. The dark field includes such actions which are evaluated as criminal by one of the parties, the perpetrator or victim of the actions, and which were not reported to or recorded by a law enforcement agency (Schwind, 2011).

25 Statistical Considerations

The term dark field can be traced back to Oba (1908). The first studies and publications took place in the 1940s (Meyer, 1941). If, in addition to the bright field, there are further offenses, it remains questionable, without additional information from the dark field, whether a positive or negative development of the numbers in the police crime statistics reflects an actual change in the reality of crime or whether it is merely a shift from bright to dark field. 2.3.1  Methods of Dark Field Research

Divergent methods are used for dark field research (Liebl, 2013): Experiment  In Experiments (7 In the pedestrian zone), a certain event is deliber-

ately brought about for the purpose of observation. Observers analyze an event and try to make deductions. Since the factors and dynamics inherent in the situation are difficult to control, this method has not been established. In the Pedestrian Zone

Accompanied by a broadcasting station, a simulated situation was created in a pedestrian zone by a victim support organization in order to find out to what extent help for victims could be expected and how passers-by would behave in the face of violence. For this purpose, several role-plays were carried out in which a child was alternately pulled by the hair, shouted at and thrown to the ground by a woman or a

man, apparently his parents.The findings were that the threshold for intervention is very high. If it was intervened, then mostly when the aggressor was a man. If a woman screams or hits, who is supposedly the mother of the child, hardly or not at all intervened. If it was intervened, this was primarily done by young foreign men. Such a field study is to be subsumed under the heading of experiment.

Participating Observation  observation method, in which the scientist observes the target group as a participant in the group process and carefully records his observations (Manstead & Livingstone, 2014). For example, researchers could observe children in a school yard and see how adolescents smoke in corners, commit bullying acts, or how teachers carry out their supervision in a certain way. Interviews  In individual or group interviews, the target groups of offenders, vic-

tims or informants are interviewed. The offenders should report on committed but not uncovered crimes. The focus of the victim interview is on crimes that have not been reported. The informant interview is directed at third parties and their knowledge of delinquent behavior. The interview can be done by questionnaire, telephone or online. All procedures have numerous advantages and disadvantages.

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. Table 2.1  Dark field relations

2

Offenses

Dark field relation (Bley, 2018)

Dark field relation (KFN, 2017)

Theft

1:1

1:3

Fraud

1 : 3.4

1:4

Assault

1 : 2.3

1:3

Sexual violence

0 : 47

1 : 15

Domestic violence

1 : 33

Not raised

2.3.2  Size of the Dark Field

The size of the dark field varies from crime to crime. In most cases, the dark field is larger than the corresponding light field. This is an important aspect, especially for the evaluation of prevention approaches, since a low crime density in the light field does not necessarily mean that there are actually fewer crimes there. One of the causes of the relation between dark and light field is the clearance rate. If the clearance rate is rather low, as for example in shoplifting, one can assume a relatively high dark figure ratio. On the other hand, in the case of burglary, a low dark figure ratio can be expected, since the clearance rate is higher. The relation is also relatively high with regard to children’s and adolescents’ offenses. This is due to informal sanctions without police involvement, which are carried out, for example, by the school concerned before a report is made. The field of sexualized violence (. Table 2.1) has a particularly high dark figure compared to other offenses (KFN, 2017; Bley, 2018). The reasons for the non-reporting of bodily injury, sexual and domestic violence are heterogeneous (Bley, 2018). In addition to the low chances of clarification and the low prospects of success in court, the assessment of the offense as not serious and the shame (15%) are mentioned. The fear of the perpetrator is mentioned by about 17% of victims of sexual and domestic violence as the reason for the non-report. 2.4  Sexualized Violence

In the field of sexualized violence, there are numerous forms of offense in criminal law and thus also in PKS. That one’s own child becomes a victim of abuse or a sexual offense is probably one of the biggest fears of parents. Whether this fear is justified in this sense or whether it is a media processing and thus the fears are stoked, should be worked out in the following chapter.

27 Statistical Considerations

2.4.1  Exhibitionist Actions Exhibitionist on the Regional Train

In December 2018 a perpetrator sat in December on a regional train. After finding eye contact with his 17-year-old victim, the man began masturbating in front of the woman. The woman got off at the next stop and notified the federal police, who were able to arrest the perpetrator a little later using video material.

In 2021, 10,447 victims were affected by exhibitionist actions in Germany. Of these, 2,113 victims fall into the 14 to 21 age group. The victims are female in 80% of the cases. The male perpetrators (7 Chap. 7) are over 21 years old in 91,3% of the cases (BKA, 2019) (see 7 Exhibitionist on the Regional Train). If exhibitionist actions are carried out in front of children, this act is subsumed under sexual abuse of children. These offenses occur one third more often in communities or cities with more than 20,000 inhabitants and are therefore tend to be more of an urban phenomenon. This crime field therefore corresponds to the city-country gradient: crime tends to occur more often in large cities than in small communities. The causes include: 5 A higher number of opportunities and incentives for crime (a busy park is more attractive to an exhibitionist than an empty forest.). 5 The higher informal control (by neighbors, acquaintances) in rural areas. 5 The increased existence of social problem cases in social hotspots in urban areas. 5 The “cleaning up” of norm violations on a private basis in rural areas. 5 The higher spatial and content-related distance to the police in terms of reporting in rural areas. 2.4.2  Distribution, Acquisition and Possession of Child

Pornographic Writings

The statistical recording of this initially simple sounding offense has changed so often over the last years that reliable statements about long-term developments are only possible to the extent that the media Internet, social media and smartphones have increasingly simplified access to victims. This in turn leads to a higher burden on the victim groups. Almost independent of the exact offense, the proportion of female offenders is around 17% (BKA, 2019) and rises. 2.4.3  Sexual Abuse of Children

Every year, around 16,000 children become victims of sexual abuse (. Fig. 2.1). The increase since 2020 is unfortunately related to the C-19 pandemic. Another reason for the increase is the reports of offences investigated by the National Center of Missing and Exploited Children (NCMEC) in the USA, which are transmitted

2

0

5.000

10.000

15.000

20.000

25.000

1994

1996

19.526

1998

20.994

2000 19.707

. Fig. 2.1  Sexual abuse of children (1996–2021)

18.423

20.371

2002 19.086

2004 15.993

2006

15.088

2008

14.407

2010

14.865

2012

Child sexual abuse (1996 bis 2021)

2014 14.168

2016 14.051

2018 14.410

2020 16.686

2021 17.498

2

Opferzahl

Victims

28 D. Heimann

29 Statistical Considerations

when the crime scene is Germany. Girls are abused about three times more often than boys. In the age group of 10 to 14-year-old victims, the ratio increases to five times to the disadvantage of girls. The distribution of victims’ numbers in the different age groups is by no means even. While children up to the age of ten become victims relatively evenly in their age groups, there is a significant increase from the age of ten. Until finally the number of victims in the age group of 10 to 14-year-olds more than doubles in comparison to those under ten. This makes the probability that a child will be a victim of sexual abuse at the age of ten to 14 the highest. In about 5% of cases, the perpetrator is female. According to PKS, in slightly more than two thirds of cases, the perpetrator and victim know each other, of which 23% are relatives. Here, too, there has been an increase and a connection with the C-19 pandemic seems obvious. There are no special irregularities between city and country (BKA, 2019). > According to PKS, around two thirds of all perpetrators of sexual abuse come from the immediate vicinity of children such as parents, relatives and acquaintances.

2.5  Violent Crime

Violent crimes are a general term under which a variety of offenses can be subsumed. In 1983, the federal government and the states decided to include certain offenses such as manslaughter, grievous bodily harm, robbery, and rape under the term violent crimes. Every year in Germany, around 200,000 people fall victim to such an offense. This includes 10,500 children and 20,900 adolescents. In more than half of all cases, there is a prior relationship between the perpetrator and the victim (BKA, 2019). 2.5.1  Assault

The crime of assault is generally divided into simple, dangerous and serious assault. The number of assault crimes has increased from around 435,000 to 538,000 by about 23% over the years 2000 to 2021. In 2021, some 39,000 children and 43,800 adolescents were affected. 34% of the victims have no prior relationship to the perpetrator. In around 21% of cases, they are of female gender. Of the approximately 39,000 children, 36% are female and 64% are male victims. There is no statistical change between male and female victims in the older age groups. The probability of being a victim of assault in a city is increased by 60% if the potential victim lives in a metropolis, compared to a city with less than 20,000 inhabitants. The larger the city, the higher the victimization probability (BKA, 2019). 2.5.2  Kidnapping

In the period 2000 to 2021, 9,913 children and 13,160 adolescents were victims of kidnapping; around 455 children and 618 adolescents each year. Based on all kidnappings, these crimes are committed by perpetrators in just under 20% who had

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no prior relationship to the victims. This suggests that between 80% of the victims and perpetrators there are prior relationships. There is a weak city-country gradient to the disadvantage of the cities (BKA, 2019). 2.5.3  Killing Offenses

The killing of a child or adolescent represents the highest form of violence against this target group. Killings are recorded statistically in three different subgroups; an annual presentation is dispensed with due to the low number of cases. z Sexual Abuse of Children Resulting in Death

Between 2000 and 2021, 17 children in Germany were victims of sexual abuse resulting in death, the last ones in 2013 and 2021. In 35.3% of the cases there was a family relationship between the perpetrator and the victim (BKA, 2019). z Murder in Connection with Sexual Offenses

In the same period, 39 children were killed in connection with sexual offenses, which are classified as murder. Children under the age of six were murdered for the same motive in six cases during this period (BKA, 2019). z Assault Resulting in Death

In this period, 254 children and 186 adolescents were victims of an assault resulting in death. In the area of all offenses of assault resulting in death, the share of suspects who have no prior relationship to the victim is 29%. This probably also applies to at least 71% of the offenders among children and adolescents, who come from the circle of acquaintances or relatives (BKA, 2019). 2.6  Use of Weapons

A great fear of victims—especially in the field of sexual violence—is that a perpetrator could be armed. In the field of child sexual abuse, firearms are carried in around 15,000 cases per year in a low single-digit percentage (0.1‰). In the field of personal injury, firearms are used by perpetrators in 0.24% of cases. In cases of violence across all age groups, firearms are carried in 1.5% of cases and threatened in 0.9% of cases. It is assumed that these values ​​will be lower for children and adolescents (BKA, 2019). The fear of being threatened with a firearm is therefore statistically unfounded. 2.7  Abduction of Minors

In the case of the crime of abduction of minors, there were a total of 1,990 victims in the field of children, adolescents and young adults in 2021. The act is committed by a perpetrator depriving or withholding a person from their parents, guardian or carer.

31 Statistical Considerations

When parents separate, it can happen that the father or mother decides to withhold the child from the other parent. In most cases, the intention is to exert pressure in this way, to force child support payments or to secure other benefits. In a few cases, the child is also taken abroad. The motivation can also be that one parent is afraid of losing custody of the common child after a separation. Regardless of the motives, the child is emotionally burdened by this. In the overall view of all victims, there is a statistical concentration in the age group of children; already 1030 (52%) of the victims fall into this category. Of these, 518 children are under six years of age. The older the children and adolescents become, the less likely they are to be victims of such an act. There are no statistical outliers between male and female victims and perpetrators (BKA, 2019). 2.8  Means of the Internet

Since 2017, a statistical survey has been carried out in the event that a crime is committed with the means of the Internet. Up to 2021, an increase in the number of cases from around 250,000 to 383,000 can be recorded. The offences are primarily in the areas of sexual violence, defamation, threats and fraud (BKA, 2019). 2.9  Perpetrator-Victim Relationship

In particular, when it comes to crimes in which children become victims, it is interesting in what relation the victims stand to their perpetrator. And even if violence takes place in the supposedly protected area of the family, the relationship between perpetrator and victim plays an essential role. This is solely due to the fact that prevention proposals are often directed towards strangers who are considered potential perpetrators. This is repeated media dissemination massively influencing the sense of security in the population. Society is afraid of the “masked man” and parents are afraid to leave their children unsupervised in playgrounds or parks. A study (Peter & Bogerts, 2010), which deals with the final verdicts of the district court in Stendal from 2000 to 2005, examined 64 offenders who sexually abused children. It turned out that the offenders could be classified (. Table 2.2).

. Table 2.2  Relationship of the offender to the victim

Biological father Stepfather Relative Good friend Distant friend Stranger Total

Number

Percent

4 17 6 10 14 13 64

6.3 26.6 9.4 15.6 21.9 20.3 100.0

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This results in 42% for the category relatives, 38% for the offenders from the circle of acquaintances and strangers form the lowest rate with 20%. This means that in 80% of all cases, the abused child already knew his offender. The place of the crime was also checked as part of this study. 44% of all offenders abused their victims in their own four walls. Only the stranger abused his victim in 60% of the cases on public places or buildings. Therefore, the greatest danger does not come from strangers on the playground, but rather from a relative or acquaintance in one’s own four walls. This assumption can also be supported by the fact that a perpetrator can exercise considerably more power and control over the victim in a locally known context than a stranger could in a public place or building. It is highly likely that the number of unreported cases is particularly high in this area because a large number of cases are not reported. In addition, possible signs of sexual abuse are wrongly or not interpreted at all because it is simply inconceivable that a family member would act in such a way towards a child.

References BKA. (2021). Polizeiliche Kriminalstatistik. Bundeskriminalamt. Bley, R. (2018). Befragung zu Sicherheit und Kriminalität in Mecklenburg-Vorpommern. Abschlussbericht zur zweiten Befragung in 2018. FHöVPR M-V. KFN. (2017). Befragung zu Sicherheit und Kriminalität. Kernbefunde der Dunkelfeldstudie 2017 des Landeskriminalamtes Schleswig-Holstein. KFN. Liebl, K. (2013). Kriminalität, Kriminalitätserfassung und Fragen des Dunkelfeldes. Verlag für Polizeiwissenschaft. Manstead, S. R., & Livingstone, A. G. (2014). Forschungsmethoden in der Sozialpsychologie. In K. Jonas, W. Stroebe, & M. Hewstone (Hrsg.), Sozialpsychologie. Springer. Meyer, K. (1941). Das unbestrafte Verbrechen Eine Untersuchung über die sog. Dunkelziffer in der deutschen Kriminal-Statistik. Beck. Oba, S. (1908). Unverbesserliche Verbrecher und ihre Behandlung. (Dissertation jur.). Peter, E., & Bogerts, B. (2010). Sexueller Missbrauch. Neue Kriminalpolitik Forum für Praxis, Recht und Kriminalwissenschaften, 22, 45–51. Schwind, H. D. (2011). Kriminologie (S. 38). Verlagsgruppe Hüthig, Jehle, Rehm.

Dennis Heimann

(B. A.—Criminal Investigation), independent consultant, former senior detective, has been working as a licensed violence protection trainer in schools, associations and public administrations since 2013. His seminars cover the areas of self-assertion, conflict and crisis management for various target groups as well as experiential education. Furthermore, he has been active for many years in the youth sector as a licensed B trainer in competitive sports in a swimming club. In addition, he worked on the board for six years and was responsible for planning and structuring the sports programme for the youth. He has previously published on conflict and crisis management strategies in schools.

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Aetiology Causes of Deviant Behaviour Rudi Heimann Contents 3.1 Introduction – 34 3.2 Biological Approaches – 34 3.2.1 Genetic Causes – 34 3.2.2 Hormonal Causes – 34

3.3 Psychological Approaches – 35 3.3.1 Frustration-Aggression Hypothesis – 35 3.3.2 Learning Theories – 35 3.3.3 Other Theories – 37

3.4 Media and Delinquency – 38 3.4.1 Effects of Media – 38 3.4.2 Depiction of Real Violence – 40

3.5 Integration Model – 41 3.5.1 Person – 42 3.5.2 Situation – 42 3.5.3 Social Control – 43

References – 43

© The Author(s), under exclusive license to Springer Fachmedien Wiesbaden GmbH, part of Springer Nature 2022 R. Heimann and J. Fritzsche (eds.), Violence Prevention in Education, School, and Club, https://doi.org/10.1007/978-3-658-38551-4_3

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If a person finds themselves in a situation where they are dominated by another person to the point where they find it unpleasant, the motives of the person acting initially seem relatively unimportant. Whether the actions violate criminal laws or whether it is simply deviant behavior can also initially be left aside. Recommendations for the socialization of children by parents and educators or for the affected person themselves in the acute situation can be derived from the causes of the behavior in an ideal case. The number of approaches to explanation is virtually inexhaustible; therefore, a focus on the most important biological and learning psychological theories is chosen—in addition to a brief overview of other approaches. This is followed by the ever more relevant topic of media and violence, in order to then sketch the symbiotic approach of the integration model.

3.1  Introduction

The discussion about the possible causes of violence and deviant behavior is multi-layered and differentiated in the media, politics, society, and science. At the same time, it is not new historically; coupled with sometimes repeating research results or media-attracting cases, there are always new efforts to explain causes and develop countermeasures. This article provides an overview of the possible causes. A more detailed consideration does not take place deliberately, as it is initially unimportant for the victims of the actions concerned what the cognitive or motivational motives for a perpetrator may or may not be. The findings can possibly be used on a societal level to reduce and avoid aggression. However, this is largely irrelevant to the concrete perpetrator-victim situation in which a child or adolescent is located. At the same time, the knowledge of possible causes offers the opportunity for a victim to avoid stimulus-enhancing stimuli in a situation or to recognize risks in certain behaviors. The terms deviant behavior, delinquent behavior, and criminality are used synonymously in this article, even though there are differences in, for example, the legal consequences. 3.2  Biological Approaches 3.2.1  Genetic Causes

Studies support genetic influences on criminal behavior (Mednick et al., 1984), but the extent is unclear; in addition, socio-economic and cultural conditions represent an additional influence (Müller, 2006). 3.2.2  Hormonal Causes

In addition to inheritable factors, there are indications that, due to neurochemical influences, associated with environmental risk factors and neuropsychological disorders, the action-specific readiness of a person increases unconsciously before he consciously decides for an action (Herzberg, 2010). The following hormones and

35 Aetiology

. Table 3.1  Hormones and neurotransmitters as the cause of violence Hormone/Neurotransmitter

Significance

Testosterone

Increases aggressive behavior

Serotonin

Lower values in offenders

Oxytocin

Stimulates sexual sensations, increases aggression

Dopamine

Triggers feelings of satisfaction

Cortisol

Reduces stress resistance

Adrenaline

Increases aggressiveness

Noradrenaline

Increases aggressiveness

neurotransmitters are of particular importance in this context (Raine, 2002; Piefke & Markowitsch, 2008; Ellis, 2005) (. Table 3.1). Other endocrine changes, such as hypoglycemia (glossary) (Lee & Coccaro, 2001) or changes in the context of premenstrual syndrome in women (Volavka, 2002) have effects on aggressive behavior. Still other studies establish links with metabolism, so that nutrition should have an effect on behavior. Excessive phosphate levels are said to cause abnormalities (Siegel & McCormick, 2006). 3.3  Psychological Approaches 3.3.1  Frustration-Aggression Hypothesis

The idea that experienced frustration leads to aggression (Dollard et al., 1939) is based on the deep psychological processes of Sigmund Freud. Frustration is understood to mean any disturbance of a goal-oriented activity. Thus, aggression is a direct consequence of the hindrance of a need gratification and every aggressive behavior can be traced back to an experience of frustration. The aggression is then directed against the person or object considered responsible. The general experience of life shows that frustration can be the origin of aggression—but also of depression or resignation. The results of this research include the finding that children can be trained to react constructively to frustration (Selg et al., 1997). The unpleasant environmental stimuli in the world of children are, for example, the annoyance or ridicule by siblings or classmates, overload by school tasks or the opinion of being treated unfairly by the teacher (Havers, 1981). 3.3.2  Learning Theories 3.3.2.1  Theory of Differential Contacts

One of the most influential and well-known sociological theories for explaining the emergence of deviant behavior focuses on the interaction and communication

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within a group culture (Sutherland et al., 1992). The following theses are primarily assumed: 1. Criminal behavior is learned. 2. Criminal behavior is learned in interactions with other people. 3. Criminal behavior is mainly learned in intimate, personal groups. 4. Learning criminal behavior includes learning the techniques for carrying out the act, which can sometimes be complicated. This approach—developed in 1924—was further refined. The recognition and acceptance of the group is said to be decisive for whether it serves as a role model (Glaser, 1956) and reward and recognition aspects reinforce the behavior (Akers & Burgess, 1966). 3.3.2.2  Observational Learning

The theory of observational learning (Bandura, 1979) assumes that people, by following (in reality or in the media) the behavior of other people, acquire action patterns—they learn from the model. It is assumed that first the immediate family environment and second the subculture or the society in which a child lives are the sources from which aggressive behavior is learned. Only in third place do the aggressive models offered by the media come into play. The behavior results from a constant interaction of personality and environmental factors and neither of these two areas should be considered in isolation. Not everyone who observes aggressive behavior implements it into their own aggressive behavior. Only if a child has experienced violence elsewhere, i.e. above all: if it experiences real violence in the family, as a victim or witness, can the attitude develop that violence can be an adequate means of enforcing one’s own will. Man is able to make the exercise of an aggressive action dependent on the probably resulting consequences. Therefore, aggressive behavior is subject to inhibitions that are triggered by social norms, fear of punishment, retaliation, fear or feelings of guilt. First and foremost, the consequences of such behavior (success or failure, reward or punishment) are decisive for whether it occurs. Therefore, it is not surprising that one of the main causes of bullying at school is to be sought in the reactions of the environment by parents, teachers or classmates to corresponding actions (Olweus, 2010). It should be noted that action is controlled by thinking. Identical contents of a situation are perceived differently by people and different behavior is derived from this. 3.3.2.3  Neutralisationstheorie

This theory assumes that children and adolescents are quite familiar with and have internalized the norms and values of our society. They can, however, simultaneously disregard them because they have learned neutralization techniques for a subsequent justification (Sykes & Matza, 1957). In essence, five elements are used for this: 1. Shifting responsibility The perpetrators see themselves as victims of the circumstances: alcohol, drugs, scuffle, childhood experiences, neighborhood, home stay, abuse, teachers, bad experiences. 2. Denial of wrongdoing The action is seen as illegal, but not as immoral; damage caused is minimized.

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3. Degradation of the victim The perpetrators keep their distance from the victim emotionally, see themselves as superior and shift the blame to the victim: “He started it!” or “She provoked me!” 4. Denial of the legitimacy of the charge The problem is not the perpetrator’s action, but the exaggerated evaluation by third parties: “It’s not as bad as it’s portrayed!” Law-abiding citizens are portrayed as hypocrites and regulatory authorities are condemned: “All teachers are sadists!” 5. Appeal to higher values or authorities The perpetrators appeal to moral values such as loyalty to the group, honor or respect. The perpetrators have an egocentric view and use the techniques described above to push aside any doubts. This way of thinking can be temporary, for example during alcohol or drug consumption as well as in the presence of a group (clique, demonstration, concert, sporting event), exist permanently in life phases (puberty, adolescence, divorce) or is chronically present in people with antisocial personality disorder. In this state, people are often in the illusion of invincibility and superiority. A statement like: “Calm down!” Establishes the speaker in front of the perpetrator as a superior professional and degrades the perpetrator—which can lead to escalation (7 Chap. 11). 3.3.3  Other Theories

Against the background that there are more than 25 different approaches to explain the sexual abuse of children, it is not even worth trying to explain all approaches to deviant behavior in general. The following are the most important complementary theories: Anomie Theory  Crime is a normal phenomenon and an integral part of human so-

ciety: There is no society without crime. Where social behavior becomes regulated behavior, there is always deviant behavior (Durkheim, 2008). There is a conflict between the goals of society and the not always given possibility to achieve them (Merton, 1995). Bonding Theory  The development of bonds with adults who are there for the child and meet its needs is a necessary prerequisite for the development of psychological security. Otherwise, depressive or violent tendencies can occur (Ainsworth et al., 1978). Broken Window  Perceived violations of norms (broken windows, dirt, graffiti, known similar crimes) lead to imitative effects and are the beginning of the breakdown of norms (Kelling & Wilson, 1982).

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Delinquent Subcultures  The access chances of adolescents are unevenly distributed across social classes, and since the goals of the upper class are adopted, those affected seek delinquent (glossary) alternatives to achieve the goal (Cohen, 1955). Latent Neglect  The child guided by instinct must be made socially acceptable by the

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parents little by little in the course of a normal emotional development; if this does not happen, latent neglect is the result (Aichhorn, 1936). Low Self-Control  Due to deficiencies in education, people may have less self-control,

which leads them to deviant behavior. These people are impulsive, insensitive, callous, and risk-taking. They pay great attention to their appearance and their looks, and are not aware of the consequences of their actions (Gottfredson & Hirschi, 1990). Psychological Disorders  Psychological disorders and illnesses are of particular rel-

evance as causes and motives for deviant behavior. The spectrum of pathological mental disorders, profound consciousness disorders, intellectual disability and other severe mental abnormalities is depicted in two classification schemes. On the one hand, the ICD-10 (International Statistical Classification of Diseases and Related Health Problems) of the World Health Organization (WHO) and on the other hand, the DSM V (Diagnostic and Statistical Manual of Mental Disorders) of the American Psychiatric Association (APA). The ICD-10-GM of the WHO is used for the encoding of diagnoses in outpatient and inpatient care. A further consideration is not given here. 3.4  Media and Delinquency

Even though the number of studies in connection with media as triggers of violence far exceeds 5,000, new research is constantly being conducted on the question of whether media consumption can promote or trigger violent behavior. The answer is quite simple: Has a consumer—of whatever media—ever thought about the content outside of the actual media consumption? The answer is likely to be a simple “yes”. This makes it clear that effects are generated. Whether and how these effects occur in individual cases are the further questions that arise from this. 3.4.1  Effects of Media

There are various theories about the effects of media (. Fig. 3.1), of which the best known are represented. In essence, these theories correspond—with the exception of the catharsis theory—to the idea of social-cognitive learning theory. They complement each other and develop in connection with aggressive behavior in the family or social environment.

39 Aetiology

Cognitive Support

Catharsis

Learning theories

Habitualization

Cultivation

Suggestion

Stimulation

. Fig. 3.1  Theses on the effects of media consumption

3.4.1.1  Catharsis Theory

This is based on an innate aggression drive. By watching aggressive actions, the observer’s desire to show aggressive behavior should decrease. This theory is generally considered to be refuted. 3.4.1.2  Cognitive Support Theory

Without actual evidence, the idea of cognitive support assumes that for people with low cognitive abilities and poorly developed imagination, television is an important source of imaginative material. This would then make it easier to control aggressive impulses. 3.4.1.3  Habitualization Theory

Long-term and continuous influences are able to permanently change a person’s personality. Aggression can become normal everyday behavior if sensitivity has been reduced by constant consumption (Fröhlich et al., 1993). 3.4.1.4  Cultivation Thesis

If violent depictions are consumed over a long period of time, this influences the idea of reality; the frequency of crimes is overestimated and the fear of such crimes increases. 3.4.1.5  Suggestion Thesis

The observation of violence in the media is supposed to trigger imitation effects (Phillips, 1974). For certain activities—such as suicide—there is evidence that this is true. After the broadcast of a television play, the suicide rate increased by 175% (Schmidtke & Häfner, 1986). 3.4.1.6  Stimulationsthese

Viewing violence, if certain personality-specific and situational factors are added, such as emotional arousal caused by frustration or aggression-inducing cues (e.g., weapons), leads to an increase in aggressive behavior (Berkowitz, 1969). By these partly quite simple theses, which are therefore attractive to many people, the assumption that media violence usually leads to increased aggressiveness, almost becomes a cultural self-evident in our society. However, this should by no

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means provide an argument for the rationalization, justification or even responsibility shift for people with behavioral problems. For some time now, juvenile offenders have been using media consumption as a regular excuse (Kunczik et al., 1995). Not least because everyone deals with mass media on a daily basis, but not everyone is violent, a differentiated view seems necessary. The family situation is the decisive factor with regard to negative effects of media violence on children and adolescents: children from intact families are less at risk because there are countervailing influences. Representations of violence have little or no effect on the majority of viewers, but show strong effects in certain problem groups. > Media-perceived fictional violence alone does not lead to increased aggressiveness. It only becomes critical if there are no countervailing influences or if there is a problem group affiliation.

3.4.2  Depiction of Real Violence

The findings and derivations so far mainly relate to the depiction of fictional violence. The following developments can be observed with regard to the observation of real violence: 3.4.2.1  High Attention Value

Following the motto “Bad news are good news”, violence and crime have a particularly high attention value and thus have a particularly good chance of being published as news. At the same time, media attention can act as a reward and motivate people to stage themselves in an extraordinary way. Therefore, no forum should be given to perpetrators of violence in the media. Groups and individuals who do not have regular access to the media try again and again to trigger surprise in journalists through staged events (e.g. demonstrations, acts of violence), so that they are reported about. 3.4.2.2  Asynchronous Reporting

On the occasion of reporting on violence, reality is shifted by, for example, disproportionately often reporting on serious crimes such as homicide. If violent aspects are too strongly emphasized in publications, peaceful people can be deterred from social events; pictorial representations of violence can escalate violence in conflicts (Kepplinger & Giesselmann, 1993). 3.4.2.3  Preferred Consumption

News about violence and crime are consumed intensively and preferably (Donsbach, 1991). 3.4.2.4  Escalation by Media

Reporting on violence stimulates further crimes (Brosius & Esser, 1995). The longer the media consumption lasts, the greater the willingness to use violence oneself (Johnson et al., 2002).

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3.4.2.5  Secondary Victimization

Studies show that if the journalistic quality of reports is insufficient, cases of secondary victimization (7 Chap. 4) can occur (Kunczik & Bleh, 1995). 3.4.2.6  Positive Aspects

Certain forms of reality TV (e.g. simulated assistance) are said to have positive effects, such as sensitization and thus increased willingness to help. Reporting on violence can lead to satisfaction with one’s own situation if the violence occurs at a distance. > Num ous studies have shown that the consumption of media has an effect on children and adolescents.

With the publications on violence, a social awareness of the problem can be established. However, it is not immediately clear whether imitation or a necessary public discussion are the consequences (Caplovitz & Rogers, 1961). Reports can also have positive effects for victims when it comes to processing the event (Kunczik & Bleh, 1995). 3.5  Integration Model

The causes of deviant behavior and crime are complex. None of the theories or explanatory approaches mentioned above provides the sole justification. However, each approach contributes to a better understanding in its own way. The Integration Model (Jäger, 1981) states that the factors of person, situation and social control act additively (. Fig. 3.2). Since these factors mainly have a local reference, i.e. all elements (person of the perpetrator/victim, opportunity and instances of formal and informal social control) are present on site and affect the deviant behavior, this model provides essential points of contact for prevention approaches.

Person

Situation

Social control

. Fig. 3.2  Integration model according to Jäger (1981)

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3.5.1  Person

3

Actions in our society are determined to a large extent by material needs. However, these can often not be brought into line with reality. Social poverty stands in contrast to the needs that determine the status of the individual. A student’s designer clothing with wealthy parents arouses envy and resentment, so that illegal patterns of behavior are used to achieve goals. Whether a person satisfies their needs in a legal, semi-legal or illegal way and whether thresholds to the use of violence, differentiation between “good and evil, yours or mine” develop, depends essentially on the manifestation of conscience as a product of socialization (7 Chap. 6). These personality-founding, -developing and -shaping aspects are (Paasch, 1992): 5 Biological and individual basic equipment Puberty phase, low status or low competence for action e.g. mental and physical abilities, educational level, horizon of experience, power of complaint. 5 Psychological aspects Identity crisis, striving for recognition, love of adventure and risk of stimulation, orientation and perspectivelessness, bad future prospects, high sensitivity, exaggerated need for recognition. 5 Structural and sociological aspects Due to lack of socialization, a strong focus on material claims, immediate satisfaction of needs, insufficient conscience formation, missing insightfulness, disturbed consciousness of injustice, helplessness, boredom, lack of conflict resolution strategies, self-search, search for recognition, adventure or violent experiences, pleasure in tormenting, feelings of superiority. 5 Neutralization and justification techniques (7 Sect. 3.3.2.3). 3.5.2  Situation

When a perpetrator has decided to commit a crime, he selectively perceives his environment with regard to his impending crime. A breach of law occurs when victim and opportunity for the crime are present, perceptible and attackable. The triggering situational aspects are essentially (Paasch, 1992): 5 The environment shaping the crime Temptations to commit a crime through presentation of goods for theft, availability of alcohol and drugs, easy execution of the crime, carelessness of victims, anonymity of the victim. 5 Socio-economic and social environment components Societal change of values, single households, children of divorced parents, single parents, decriminalization efforts of simple theft or release of soft drugs, lack of role models, media influence (7 Sect. 3.4), anonymity in the residential environment, cramped living situation, connection to groups with negative patterns of behavior, unemployment, boredom.

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3.5.3  Social Control

It is exercised by informal (e.g. family, group, neighborhood, circle of friends, club) and formal institutions. Formal institutions are primarily school, police, prosecutor’s office and courts. It can be assumed that a potential perpetrator registers whether these control institutions are present and the control is regularly exercised or whether he can act undisturbed. Anonymity favors deviant behavior. The evaluation aspects that can come into play at this point are (Paasch, 1992): 5 Knowledge and acceptance of norms Public questioning of norms, trivialization such as “scamming”. 5 Informal social control No performance control, no boundary setting, passivity and indifference of third parties. 5 Formal social control Limited opportunities, often in contrast to informal institutions. > The three elements person, situation and social control form a comprehensive explanation for the emergence of violence.

References Aichhorn, A. (1936). On the technique of child guidance: The process of transference. In O. Fleischmann, P. Kramer, & H. Ross (Hrsg.), Delinquency and child guidance: Selected papers (S. 101–192). International Universities Press. Ainsworth, M. D. S., Blehar, M. C., Waters, E., & Wall, S. (1978). Patterns of attachment: A psychological study of the strange situation. Erlbaum. Bandura, A. (1979). Aggression: Eine sozial-lerntheoretische Analyse. Klett-Cotta. Berkowitz, L. (1969). Roots of aggression; a re-examination of the frustration-aggression hypothesis. Atherton. Brosius, H. B., & Esser, F. (1995). Eskalation durch Berichterstattung? Massenmedien und fremdenfeindliche Gewalt. Springer. Burgess, R. L., & Akers, R. L. (1966). A differential association-reinforcement theory of criminal behavior. Social Problems, 14(2), 128–147. Caplovitz, D., & Rogers, C. (1961). Swastika 1960; the epidemic of anti-semitic vandalism in America. Anti-defamation League of B’nai B’rith. Cohen, A. K. (1955). Delinquent boys; the culture of the gang. Free Press. Dollard, J., Miller, N. E., Doob, L. W., Mowrer, O. H., & Sears, R. R. (1939). Frustration and aggression. Yale University Press. Donsbach, W. (1991). Medienwirkung trotzt Selektion (S. 138). Böhlau. Durkheim, E. (2008). Über soziale Arbeitsteilung. Suhrkamp. Ellis, L. (2005). A theory explaining biological correlates of criminality. European Journal of Criminology, 2(3), 287–315. Fröhlich, W., Kunczik, M., Vossel, G., Bleh, W. N., & Streit, R. (1993). Habituation an Mediengewalt – Eine Meta-Analyse. Unveröffentlichter Forschungsbericht. Glaser, D. (1956). Criminality theories and behavioral images. American Journal of Sociology, 61(5), 433–444. Gottfredson, M. R., & Hirschi, T. (1990). A general theory of crime. Stanford University Press. Havers, N. (1981). Erziehungsschwierigkeiten in der Schule – Klassifikation, Häufigkeit, Ursachen und pädagogisch-therapeutische Maßnahmen (S. 169). Beltz. Herzberg, R. D. (2010). Willensunfreiheit und Schuldvorwurf. Mohr Siebeck. Jäger, J. (1981). Kriminologie und Kriminalitätskontrolle. Polizei-Praxis, 9, 36.

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Johnson, J., Cohen, P., Smailes, E., Kasen, S., & Brook, J. S. (2002). Television viewing and aggressive behavior during adolescence and adulthood. Science, 295, 2468–2471. Kelling, G. L., & Wilson, J. Q. (1982). Broken windows: The police and neighborhood safety. Atlantic Monthly, 249(3), 29–38. Kepplinger, H. M., & Giesselmann, T. (1993). Gewaltdarstellungen in der aktuellen TV-Berichterstattung. Eine konflikttheoretische Auseinandersetzung. Medienpsychologie, 5, 160–189. Kunczik, M., & Bleh, W. (1995). Verbrechensopfer in der Zeitungsberichterstattung. Folgen aus der Perspektive der Opfer. Weisser Ring. (Mainzer Schriften zur Situation von Kriminalitätsopfern Bd. 11). Kunczik, M., Bleh, W., & Zipfel, A. (1995). Gewalt und Medien. Eine Expertenbefragung bei Richtern und Staatsanwälten. Unveröffentlichter Forschungsbericht. Lee, R., & Coccaro, E. (2001). The neuropsychopharmacology of criminality and aggression. Canadian Journal Psychiatry, 46(1), 35–44. Mednick, S. A., Gabrielli, W. F., & Hutchings, B. (1984). Genetic influences in criminal convictions: Evidence from an adoption cohort. Science, 224(4651), 891–894. Merton, R. K. (1995). Opportunity Structure: The emergence, diffusion, and differentiation of a sociological concept, 1930s–1950s. In F. Adler & W. S. Laufer (Hrsg.), The legacy of anomie theory (S. 3–78). Transaction Publishers. Müller, J. L. (2006). Neurobiologie der Aggressionsgenese. Psychoneuro, 32(1), 16–21. Olweus, D. A. (2010). Understanding and researching bullying: Some critical issues. In S. R. Jimerson, S. M. Swearer, & D. L. Espelage (Hrsg.), Handbook of bullying in schools: An international perspective (S. 9–33). Routledge. Paasch, E. (1992). Brotlose Kunst? Zur Frage der Praxisrelevanz von Kriminalitätstheorien – Faktorentafeln. Kriminalistik 5 (S. 317). Kriminalistik. Phillips, D. P. (1974). The influence of suggestion on suicide: Substantive and theoretical implications of the werther effect. American Sociological Review, 3(39), 340–354. Piefke, M., & Markowitsch, H. J. (2008). Neuroanatomische und neurofunktionelle Grundlagen gestörter kognitiv-emotionaler Verarbeitungsprozesse bei Straftätern. In K. J. Grün, M. Friedman, & G. Roth (Hrsg.), Entmoralisierung des Rechts. Maßstäbe der Hirnforschung für das Strafrecht (S. 96–130). Vandenhoeck & Ruprecht. Raine, A. (2002). Biosocial studies of antisocial and violent behavior in children and adults: A review. Journal of Abnormal Child Psychology, 30(4), 311–326. Schmidtke, A., & Häfner, H. (1986). Die Vermittlung von Selbstmordmotivation und Selbstmordhandlung durch fiktive Modelle. Die Folgen der Fernsehserie „Tod eines Schülers“. Der Nervenarzt, 57, 502–510. Selg, H., Mees, U., & Berg, D. (1997). Psychologie der Aggressivität (2. Aufl., S. 24). Hogrefe. Siegel, L., & McCormick, C. (2006). Criminology in Canada (3. Aufl.). Thompson. Sutherland, E. H., Cressey, D. R., & Luckenbill, D. F. (1992). Principles of criminology (11. Aufl.). Rowman & Littlefield. Sykes, G. M., & Matza, D. (1957). Techniques of neutralization: A theory of delinquency. American Sociological Review, 22(6), 664–670. Volavka, J. (2002). Neurobiology of violence (2. Aufl.). American Psychiatric Press.

Rudi Heimann

(Dipl.-Verw.), Vice President of South Hessian police headquarters, former head of a central foreigners authority, teaches the subjects of criminology, leadership theory and police deployment management at the Hessian University of Applied Sciences for Police and Administration. He is a guest lecturer at the German Police University and the BKA; one of his main areas of research is sexualised violence. He has published on topics such as exhibitionism, violence against women and is intensively involved with human behaviour in safety-critical situations. He trains trainers and educators to become DOSB-licensed violence protection trainers; he himself conducts violence protection seminars for a wide variety of target groups.

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Victimology The Process of Becoming a Victim Rudi Heimann Contents 4.1 Introduction – 46 4.2 Victim Disposition and Typology – 47 4.3 Viktimology in Individual Offenses – 48 4.3.1 Child Abuse – 48 4.3.2 Sexual Abuse and Rape – 49 4.3.3 Fraud and Extortion – 50 4.3.4 Bullying and Violence – 51 4.3.5 Cyberbullying – 53

4.4 Stages of Victimization – 53 4.4.1 Primary Victimization – 53 4.4.2 Secondary Victimization – 54 4.4.3 Tertiary Victimization – 54

4.5 Revictimization – 55 4.6

Reporting Behavior – 55 References – 56

© The Author(s), under exclusive license to Springer Fachmedien Wiesbaden GmbH, part of Springer Nature 2022 R. Heimann and J. Fritzsche (eds.), Violence Prevention in Education, School, and Club, https://doi.org/10.1007/978-3-658-38551-4_4

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Nobody is born as a potential victim and many people are spared this experience only because of fortunate circumstances. In this chapter, the process of victimization is examined, the relationship structures between perpetrator and victim are clarified and the consequences of victimization for the victim are presented. Long-lasting trauma can be the result of different stages of primary, secondary and tertiary damage. The question is addressed as to why victims sometimes become victims more often and what influences the reporting behavior of those affected. On the basis of outstanding and very much in focus individual offenses of child abuse, sexual abuse and rape, fraud and extortion as well as bullying and violence in the school context, victim-specific characteristics are presented.

4.1  Introduction

Since society has been dealing with crimes and the reasons why people cause suffering to other people on a scientific level, criminal behavior and, at some point, the perpetrator’s personality have been in the foreground (v. Liszt, 1905). Only in the course of the last century did the victim come into play as a third element. In addition to a publication that can certainly be described as a standard work (v. Hentig, 1948), symposia on the subject took place worldwide and the Council of Europe (1983, 1985) and the United Nations (1985) issued recommendations and declarations regulating the treatment of victims. On a national level, laws were enacted to compensate victims of violence (1976) and victim protection laws (1986). Organizations such as the WEISSER RING or victim support on a local level in the form of associations began their work. The law on offender-victim mediation (1999), domestic violence law (2001), witness protection law (2001) or the law to strengthen the rights of victims and witnesses in criminal proceedings (2009) gradually completed the victim’s rights. All of these norms have been repeatedly adapted since their inception, so that the protection of victims could be further improved; this was always about the: 5 Introduction of rights of the victim to information and legal assistance 5 Improvement of the protection of the personality of victims and witnesses 5 Restructuring of the private prosecution (7 Chap. 7) 5 Improvement of compensation in favor of the victim. Criminal law is offender-oriented because its focus is on clarifying the accusation against an accused person and accepting that the offender has rights. The disadvantage of the victim was accepted from the rule of law perspective because it was assumed that the interests of the victim would be safeguarded by the fulfillment of the state’s claim for punishment. Meanwhile, a consistently victim-friendly behavior of the repressive apparatus is accepted (Kilching, 2002). The position and rights of the victim in criminal proceedings are not discussed in more detail in this article (7 Chaps. 7 and 8). It is significant in the overall context that a value-free view of the interaction between offender and victim is in the foreground. By no means does the involvement of the victim mean a blame assignment in its direction or an exculpation of the crime in the moral or criminal sense.

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4.2  Victim Disposition and Typology

A significant and at the same time difficult question is where the co-responsibility of the victim begins and where it ends. Is it responsible… …to go for a walk in a highly crime-ridden area at night? …to cross a pedestrian crossing without paying attention to vehicles? …to leave valuables (money, mobile phone) lying openly in a vehicle? Behavior of Victims or Perpetrators

After a series of robberies at gas stations, it is discovered upon closer analysis that the respective operators do not settle up at night over the night switch, but keep the cash register freely accessible due to the lucrative additional business of other sales. 5 A taxi driver tells his customers openly about the exorbitant income during the rides in carnival time. Shortly afterwards he is robbed of his entire income. 5 A student sends her boyfriend nudes via a messenger service. After the breakup, the nudes are spread in groups of the messenger service and other social media. 5 After a company party, a work colleague is sexually assaulted in his car. The vehicle is driven to a gas station. The person affected by the assault remains outraged in the car and intends to continue driving. After the journey is continued, the driver turns onto a lonely country road. 5 A child wears a school backpack on which the address and name are legible from the outside. By addressing the name and knowing the address, it was possible for an offender to gain the child’s trust.

The classification of victims into different classes (7 Behavior of Victims or Persons Responsible) at least has the value that a certain behavior and thus possibly increased risk can come to the attention and prevention recommendations can be derived from it. Just as weaker animals are more easily attacked, it seems obvious that weak individuals are more vulnerable to becoming victims due to physical weakness or limited intellectual ability (Kirchhoff & Sessar, 1979). Differently high probabilities of victimization exist due to different lifestyles, which result from (Hradil, 2005): 5 Social adaptation processes (working, living and income conditions) 5 Trial processes (ways to one’s own identity) 5 Differentiation processes (differentiation of social territories) A important role is also played by the willingness to take risks, e.g. when vacationing in crisis areas, membership in particularly risk-prone groups. In addition, the victim behavior becomes relevant in the context of sentencing (section 46 of the German Criminal Code) for the perpetrator. Victim groupings (. Table 4.1) can be distinguished, with overlaps possible (v. Hentig, 1962).

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. Table 4.1  Victim typologies

4

Victimization due to

Example

Spatial-temporal situation

Location, time and frequency in risk environments

Family position

Child abuse, sexual violence

Professional position

Prostitutes, drivers in public transport

Greed for profit and life

Fraud, marriage swindlers

Gullibility

Coffee rides, competitions, phishing on the Internet

Own aggressive behavior

Unconditional enforcement of one’s own interests

Minority situation

Race, religion, otherness

Reduced resistance

Obvious alcohol influence

Special physical constitution

Children, seniors, physically or mentally disadvantaged

Random victims

Interchangeable at any time due to random presence

> The behavior of victims has an influence on the process of victimization, but this does not lead to the victim’s guilt.

4.3  Viktimology in Individual Offenses

Based on three individual offenses that are relevant to criminal law as well as the topic of violence in schools, the relationship between perpetrator and victim will be clarified below. 4.3.1  Child Abuse

The abuse of children is often due to the fact that the parents—stressed by employment, double burden of family and work—simply lose their nerve (Schneider, 1975). The fact that an abuse is carried out for the sole purpose of malice is relatively rare. There are more executions at the times when the child is particularly difficult from the perspective of the parents. This begins in times of helplessness during the newborn phase, when the child screams for seemingly inexplicable reasons and makes the parents’ night to day, continues in the phase of defiance with around two and a half years and can reach a new peak in puberty (7 Chap. 6). Society itself shows an astonishing patience and composure towards this phenomenon. > Child abuse by one’s own parents is primarily due to the parents being overwhelmed.

The number of reported offenses has steadily increased over the past decades (7 Chap. 2) and the number of unreported offenses is assumed to be particularly large. In the majority of cases, the violence comes from one parent, while the partner almost always contributes to this behavior by openly accepting it or supporting it in a subtle way, consciously or unconsciously (Stumpf, 1995). The fact that no ac-

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tion is taken by third parties (neighbors, public) in cases of child abuse is due to a complex web of effects (7 Chap. 13). 4.3.2  Sexual Abuse and Rape

Sexual abuse is a classic relationship crime and it is attributable to the media to a not inconsiderable extent that the outdated clichés of dark figures, lecherous old men or roaming strangers have made way for a look at reality. In one third of the cases reported, there is no prior relationship between the perpetrator and the victim. Assuming that cases in the family environment are less likely to be reported, the estimates from the dark field, which assume an 85 to 90% share of related and known offenders, are not too far from reality. The affected victims have hardly any opportunity to escape the crime. They are per se in the weaker situation and in a strong dependency, which is possibly reinforced by a diffuse threat of the perpetrators (“If you tell something, we will go to prison and you to the childrens’ home.”). Women are six times more likely to experience sexual abuse with bodily contact. If the victims live in urban or metropolitan areas, they are about 1.5 times more likely to be victims than in rural areas. If victims have experienced only minor violence themselves during their childhood, they have more than twice the risk of abuse compared to persons who have not experienced any violence at all by their parents or other carers (Hellmann, 2014). Even if the physical starting situation for a child or a young person is generally unfavorable compared to an adult within this area of ​​crime, conclusions can be drawn from research and empirical evidence. A study (Paul, 1996) came to the conclusion after the evaluation of 522 attempted rapes and sexual coercions that the resistance of the victim can be a certain protection against the completion of the act. The type of resistance was divided into three classes in the study: 5 no resistance 5 light resistance: A hesitant, rather passive use of voice, arms, legs, tools or the body (pulling away of arms, wriggling out, “Oh, let me go.”). 5 massive resistance: The energetic, active use of voice, arms, legs, tools or the body (screaming, uncontrolled hitting). Only one woman had experience in martial arts; however, this was already years ago. To the distribution rate and the reactions of the perpetrators to the resistance: 5 No resistance was offered by 33% (175 women). Nevertheless, 25% of the perpetrators abandoned the act because uninvolved persons came or the victim could run away. 5 Light resistance was offered by 40% (207 women). In 64% (132) of the cases, the perpetrator abandoned the act. 5 Massive resistance was offered by 27% (140 women). In 85% (118) of the cases, the perpetrator abandoned the act. If the woman is in an apartment, the abandonment rate is about 70%. The more public the area, the more likely the act was abandoned prematurely by the perpetrator. In the open or in the car, the massive resistance led to an abandonment in 93%

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of all cases. In only one case did the course of the act escalate and the act could be carried out. If the victim remains still, the perpetrator thinks that there is no real problem and that the victim is somehow in agreement with the situation. In court proceedings, the lack of resistance often leads to misunderstandings and, worst of all, to a lighter punishment for the perpetrator. The more active and more unexpected the reaction of the attacked woman is, the more difficult it is for the attacker to implement his idea of the course of the crime. The probability that he will abort the crime increases because he sees hardly any alternative courses of action for himself or his idea of the course of the crime does not materialize. > The resistance before or during an attempt at rape or sexual abuse is the first step that is highly likely to lead to the perpetrator aborting the crime. From a Criminal Complaint

…the victim played behind the row house of the parental apartment, where she also saw the later perpetrator for the first time. When she went home later, the perpetrator followed her and dragged her into the basement of the house. There he told her that he would also give her five euros. After that, the perpetrator opened two buttons of the dress for the girl… Thereupon the victim punched the perpetrator several times in the stomach and bit him in the right forearm. The girl broke loose and fled to the parental apartment. No further acts of violence took place. The victim described the man as 180 cm tall and fat. She was 8 years old herself.

In the case (7 From a Criminal Complaint), most observers would not have given the girl a chance because of the massive imbalance of power between perpetrator and victim. If the underlying psychological processes are considered, resistance appears to be a reasonable means of throwing the perpetrator off balance and bringing oneself to safety. Follow-up studies (Kleck & Tark, 2005) confirm the findings on resistance behavior so far. 4.3.3  Fraud and Extortion

This crime is justified here—somewhat atypically—because with the increasing freedom of use of the Internet and social media, children and adolescents are coming into the focus of fraudsters. Unfortunately, the frequency of use of new media does not automatically go hand in hand with the increased awareness that there are people there who use the naivety of children and adolescents to harm them financially or to send their parents exorbitantly high bills for the use of telecommunications facilities. From premium-rate call-backs with mobile phones, use of expensive hotlines, sale of empty product packaging on Internet trading platforms, non-delivery of ordered items on hoax websites (glossary) to extortion attempts because the computer user was tracked on porn websites, anything is possible here. The gullibil-

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ity is not a phenomenon of modern times as the following example (7 Money for Nothing) shows (Ehrlich, 1967): Money for Nothing

An ad appears in a New York newspaper: “Bring me a dollar! Smith, 47th Street No. 7”. The next day the ad is repeated—twice as large with the text: “You can still bring me the dollar tomorrow! Smith, 47th Street No. 7”. On the third day with an even larger ad the text: “If you don’t deliver the dollar by 4:00 pm today, it’s too late. Smith, 47th Street No. 7”. This was not a fraud, but a bet on whether 100 people would eventually appear to deliver the dollar. In the end, 1,600 people came. A similar ad appeared in the Hamburger Abendblatt in 2009.

The exploited gullibility takes on enormous importance against the background of social media, which can still end relatively harmless in the easily stored cases with a fraud. Unfortunately, however, there are already cases known in which adolescents have left Germany on their own initiative in the belief that a modeling or singing career is imminent and have fallen into the hands of human traffickers. 4.3.4  Bullying and Violence

Since the harassment of a victim can range from mockery, insults, torture to physical violence, and the transitions can be fluid, it does not appear advisable to distinguish between victims of verbal attacks and victims of physical attacks. The school itself is the place where most bullying actions are carried out (Olweus, 1996). While a certain degree of sacrifice—over teachers and class changes—is present in higher classes (Björkqvist et al., 1982), in primary school the stability of the victim role is low; it is only 4% between the time of kindergarten and third grade (Kochenderfer-Ladd & Wardrop, 2001). The cause lies primarily in two phenomena. On the one hand, there is a low tolerance for the demonstration of social power, and this promotes the avoidance of victims in more pleasant relationships (Schäfer & Albrecht, 2004). On the other hand, other children are more likely to be selected as the target of aggression exploratively than systematically. The widely held belief that special features such as glasses, obesity, or an unusual dialect are causes of aggressive actions against those affected is wrong. It should be noted that about 75% of all children have at least one such feature (Olweus, 1978). > Special features such as red hair or glasses are not decisive for the selection as a victim of bullying or other violence.

The decisive factor in this context is a physical strength difference between the perpetrator and the victim. This does not exclude that in an individual case the deviation can be decisive. The typical passive victim is characterized by the following features (Boulten & Smith, 1994):

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5 Anxious and insecure 5 Cautious, sensitive and quiet 5 Reacts to attacks with withdrawal and crying 5 Lack of self-esteem 5 Problems asserting themselves against peers 5 Negative attitude towards self (stupid, unattractive) and towards the situation 5 Fear of failure 5 Negative attitude towards violence, little aggressive 5 Lack of body feeling 5 Often have better relationships with adults than with peers In addition to this larger group of victims (Olweus, 1973) there is a small group of another victim type II (7 Victim Type II), which is characterized by a combination of anxious as well as aggressive reaction patterns (Olweus, 1978). These students are characterized by concentration problems, in some cases hyperactivity, and their behavior causes tension in their environment. They seem hot-headed and ready to fight and are quick with cheeky answers. Therefore, they are usually unpopular with adults, even with their teachers. They may also be willing to tyrannize weaker students themselves. Victim Type II

A girl who often appears boyish, physically strong and above average tall is repeatedly subjected to attacks from the class association of a second elementary school class. In the analysis of the situation it turns out: While the children have breakfast together in the classroom, the child picks his nose and consumes the found boogers. The other children are disgusted and exclude the girl. In the further dialogue it becomes clear: The mother of the child licks her daughter’s nose regularly when she has a runny nose.

First and second order signs can be used to identify victims. In individual cases, the separation may not be complete; in any case, when these signs occur, they should be taken seriously and further analyzed by responsible adults. If only second-order signs are present, no premature conclusions should be drawn, but rather further observation should be carried out. 4.3.4.1  Victim Signs First Order

5 Repeated teasing, making fun of, insulting, threatening or suppressing. 5 Pushing, punching, hitting or kicking. 5 Being pulled into disputes and fights in which they are almost helpless. 5 Books, school supplies, clothing, money or other items are taken from them, scattered or damaged. 5 The children have bruises, contusions, injuries or torn clothing for which there is no explanation.

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4.3.4.2  Second-Order Victim Signs

5 Children are often alone and excluded from the group. 5 They are chosen last in team games. 5 They seek the proximity of teachers or adults. 5 They have difficulty speaking in front of the class and make a fearful impression. 5 They seem helpless, unhappy and depressed. 5 Show sudden or gradual deterioration of school performance. 5 They don’t bring friends from school home and they themselves are very rarely at friends’ houses. 5 They go to school reluctantly, are appetite-less and have (in the morning) diffuse pain patterns. 5 They go to school in an illogical way. 5 They sleep restlessly and have nightmares. 5 They lose interest in homework. 5 They demand or steal money in the family. 4.3.5  Cyberbullying

If bullying takes place in the virtual space using a mobile phone, smartphone or Internet application, it is referred to as cyberbullying. The perpetrator is far superior to the victim due to the limited counter-attack possibilities of the victim (Fawzi, 2009). This is further potentiated by anonymity (7 Chap. 1). Girls are more likely to be victims than boys and most likely in the age group 14 to 16 years; particularly in the area of spreading rumors. Clusters in certain school types are not recognizable. The forwarding of photos or videos, messages and information as well as the spreading of rumors is experienced as the strongest burden in this context. Between 40 and almost 50% of the victims—depending on the form of cyberbullying—attribute the responsibility for becoming a victim to themselves. The victims assume in more than 42% of the cases that the reason for the victimization (glossary) is that the perpetrator does not like them. More than 51% try to ignore the situation and overall defensive coping strategies such as repression and the hope that the perpetrator will stop on their own predominate. Proactive help, such as the establishment of technical protection mechanisms or the recourse to help from friends, teachers or parents, is only used sparingly (Sitzer et al., 2012). 4.4  Stages of Victimization 4.4.1  Primary Victimization

The first stage of victimization (. Fig. 4.1) describes the “becoming a victim” which occurs through the most direct contact between perpetrator and victim, that is, the act itself.

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Primary victimization

Secondary victimization

4

Tertiary victimization

. Fig. 4.1  Stages of victimization

4.4.2  Secondary Victimization

After a crime, the victim can be victimized again in the immediate social environment (parents, friends, acquaintances, coaches) as well as in the formal environment (teachers, police, prosecutor’s office, lawyers, court) by asking questions in an open or more subtle way. Remarks like “We told you not to …” lead to the accusation of the victim’s complicity. In addition to this stigmatization, damage can also occur through indifference or the withdrawal of people from the social environment. > The immediate social environment can intensify the damage of the victim by its behavior, such as by reproaches.

4.4.3  Tertiary Victimization

Under the term tertiary victimization are all long-term damage to be understood, which express themselves in phenomena such as sleep disorders, nightmares, up to neurotic phenomena. Anxiety, anger, depression and social withdrawal may be the result. Individual victims attribute the victim role permanently and act accordingly. This can lead to the fact that they more often get involved in victim-producing situations; this does not have to result in psychological problems. The attention and care that someone receives as a result may be subjectively perceived as a gain by the person (Lamnek, 1994).

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4.5  Revictimization

The probability of becoming a victim of crime again increases with each new victimization. The following reasons are primarily responsible for this: 5 The victim defines itself as such. 5 A weak self-confidence and a low level of mental self-protection prevail. 5 The victim is considered insecure and submissive. 5 This way it learns helplessness and further increases in the victim role. Therefore, it is important to counter this phenomenon by means of security measures, such as the supervision of children and support in the psycho-social field. The victim must be made aware of which signals it may send out that make it appear weak and therefore suitable from the perspective of a perpetrator (7 Chap. 11). 4.6  Reporting Behavior

Crimes are mostly reported by the victim themselves. The desire for the perpetrator to be punished plays a major role in this (Voss, 1989). However, it can be observed that juveniles and older persons report less often as victims (Kilching, 1995). This is explained by the fact that older people shy away from bureaucratic procedures and juveniles, because they don’t want to rat anyone out, prefer an informal conflict resolution. Family members and friends as well as people from the social immediate vicinity are less likely to be reported (Baurmann & Schädler, 1991). This creates the image in the public that violence is primarily attributed to street crime; this is incorrect—violence is primarily relationship crime and the often discussed fear of strangers would be unfounded. Persons of reference such as friends and relatives can significantly influence the willingness to report in both directions. If a victim has already made (previous) bad experiences during the report to the police, their willingness to make a new report decreases (Baurmann & Schädler, 1996). Reasons for not reporting (Hellmann, 2014) can be: The victim… 5 fears that the prosecution will remain unsuccessful due to difficulties in evidence. 5 believes that the offense is not significant enough for the police. 5 forgets petty offenses. 5 suppresses more serious offenses in order not to have to deal with them any further. 5 fears difficulties through contact with police and courts. 5 resorts to informal conflict resolution—especially in the immediate social vicinity. The tolerance of misconduct towards non-Germans is lower and thus the willingness to report is increased due to a tendency of Germans to dramatize (Mansel & Albrecht, 2003). The victims in the police crime statistics (7 Chap. 2) include information on age, gender and the relationship between victim and suspect.

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References

4

Baurmann, M. C., & Schädler, W. (1991). Das Opfer nach der Straftat – Seine Erwartungen und Perspektiven (S. 171). BKA. Baurmann, M. C., & Schädler, W. (1996). Opferbedürfnisse und Opfererwartungen. In BKA (Hrsg.), Das Opfer und die Kriminalitätsbekämpfung (S. 213). BKA. Björkqvist, K., Ekman, K., & Lagerspetz, K. M. J. (1982). Bullies and victims: The ego picture, ideal ego picture and normative ego picture. Scandinavian Journal of Psychiatry, 23(1), 307–313. Boulton, M. J., & Smith, P. K. (1994). Bully/victim problems among middle school children: Stabiltiy, self-perceived competence and peer aceptance. British Journal of Developmental Psychology, 12(3), 315–329. Ehrlich, C. (1967). Betrüger und ihre Opfer: Die Technik des Betrugs und seine Spezialisten. Kriminalistik. Europarat. (1983). Europäisches Übereinkommen über die Entschädigung für Opfer von Gewalttaten vom 24. November 1983. Europarat. Europarat. (1985). Empfehlung zur Stellung des Opfers im Rahmen der strafrechtlichen Vorschriften und des strafrechtlichen Verfahrens vom 28. Juni 1985. Europarat. Fawzi, N. (2009). Cyber-Mobbing. Ursachen und Auswirkungen von Mobbing im Internet. Nomos. Gesetz über die Entschädigung für Opfer von Gewalttaten. (1976). BGBl. I, S. 1181 vom 11. Mai 1976. Gesetz zum Täter-Opfer-Ausgleich. (1999). BGBl. I, S. 2491 vom 27. Dezember 1999. Gesetz zur Stärkung der Rechte von Verletzten und Zeugen im Strafverfahren. (2009). BGBl. I, S. 2280 vom 31. Juli 2009. Gewaltschutzgesetz. (2001). BGBl. I, S. 3513 vom 11. Dezember 2001. Hellmann, D. F. (2014). Repräsentativbefragung zu Viktimisierungserfahrungen in Deutschland. KFN. Hradil, S. (2005). Soziale Ungleichheit in Deutschland (8. Aufl.). Springer. Kilching, M. (2002). Opferschutz und der Strafanspruch des Staates – Ein Widerspruch? NStZ, 22, 57– 63. Kirchhoff, G. F., & Sessar, K. (1979). Das Verbrechensopfer Ein Reader zur Viktimologie (S. 67). Studienverlag Brockmeyer. Kilching, M. (1995). Opferinteressen und Strafverfolgung (S. 217). Edition Iuscrim. Kleck, G., & Tark, Y. (2005). Draft final technical report: The impact of victim self-protection on rape completion and injury. Florida State University. Kochenderfer-Ladd, B., & Wardrop, J. L. (2001). Chronicity and instability of children’s peer victimization experiences as predictors of loneliness and social satisfaction trajectories. Child Development, 72(1), 134–151. Lamnek, S. (1994). Neue Theorien abweichenden Verhaltens (S. 264). Fink. Mansel, J., & Albrecht, G. (2003). Die Ethnie des Täters als ein Prädikat für das Anzeigeverhalten von Opfern und Zeugen. Die private Strafanzeige als Form der Konfliktregelung. Soziale Welt, 54(3), 339–372. Olweus, D. (1973). Personality and aggression. In J. K. Cole & D. D. Jensen (Hrsg.), Nebraska Symposium on Motivation 1972. University of Nebraska Press. Olweus, D. (1978). Aggression in the school: Bullies and whipping boys. Hemisphere. Olweus, D. (1996). Gewalt in der Schule (2. Aufl.). Huber. Opferschutzgesetz. (1986). BGBl. I, S. 2496 vom 24. Dezember 1986. Paul, S. (1996). Studie der Polizeidirektion Hannover zum Gegenwehrverhalten bei Sexualstraftaten für die Jahre 1991–1994. Polizeidirektion Hannover. Schäfer, M., & Albrecht, A. (2004). „Wie Du mir, so ich Dir“: Prävalenz und Stabilität von Aggression und Bullying in Grundschulklassen. Psychologie in Erziehung und Unterricht, 51, 136–150. Schneider, H. J. (1975). Viktimologie – Wissenschaft vom Verbrechensopfer (S. 63). UTB. Sitzer, P., Marth, J., Kocik, C., & Müller, K. N. (2012). Cyberbullying bei Schülerinnen und Schülern. Institut für interdisziplinäre Konflikt- und Gewaltforschung. Stumpf, T. W. (1995). Opferschutz bei Kindesmißhandlungen. Luchterhand. v. Hentig, H. (1948). The criminal and his victim. Yale University Press. v. Hentig, H. (1962). Das Verbrechen (Bd. 3, S. 493). Springer. v. Liszt, F. (1905). Die Gesellschaftlichen Faktoren der Kriminalität, Strafrechtliche Aufsätze und Vorträg. De Gruyter.

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Vereinte Nationen. (1985). Erklärung der Vereinten Nationen über Grundprinzipien der rechtmäßigen Behandlung von Verbrechensopfern und Opfern von Machtmissbrauch vom 29. November 1985. Vereinte Nationen. Voss, M. (1989). Anzeigemotive, Verfahrenserwartungen und die Bereitschaft von Geschädigten zur informellen Konfliktregelung. MschrKrim, 1989, 34–51. Zeugenschutzgesetz. (2001). BGBl. I, S. 3510 vom 11. Dezember 2001.

Rudi Heimann

(Dipl.-Verw.), Vice President of South Hessian police headquarters, former head of a central foreigners authority, teaches the subjects of criminology, leadership theory and police deployment management at the Hessian University of Applied Sciences for Police and Administration. He is a guest lecturer at the German Police University and the BKA; one of his main areas of research is sexualised violence. He has published on topics such as exhibitionism, violence against women and is intensively involved with human behaviour in safety-critical situations. He trains trainers and educators to become DOSB-licensed violence protection trainers; he himself conducts violence protection seminars for a wide variety of target groups.

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The Offenders The Perpetrators’ Perspective Rudi Heimann

Contents 5.1 Introduction – 60 5.2 Findings – 60 5.2.1 Neglect and Child Abuse – 60 5.2.2 Sexual Abuse and Rape – 61 5.2.3 Bullying and Violent Acts – 62

5.3 Power – 63 5.4 Violence by Groups – 65 References – 65

© The Author(s), under exclusive license to Springer Fachmedien Wiesbaden GmbH, part of Springer Nature 2022 R. Heimann and J. Fritzsche (eds.), Violence Prevention in Education, School, and Club, https://doi.org/10.1007/978-3-658-38551-4_5

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The closer examination of the perpetrator’s settings—limited by the complex web of effects—is not only challenging, but can also be ambivalent from a fundamental point of view. If the impression is created that the perpetrator’s behavior would be excused or justified, this can be negatively evaluated. Therefore, when considering perpetrators of different deviant and delinquent phenomena, it is important to weigh how intensively the backgrounds are sketched. Different aspects are presented in this contribution in the areas of neglect, child abuse, sexual abuse, rape, bullying and violence. The perpetrator’s point of view in relation to power-dominated actions and the resulting strategies of a potential victim as well as group processes supplement this contribution.

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5.1  Introduction

The attempt to categorize perpetrators is as old as it is unsuccessful. Human behavior cannot be sufficiently typified due to its diversity and inherent complexity; especially if the actions do not follow a logical conclusion. Nevertheless, typologies have their justification in the clinical environment, in criminal law or in the police sector for criminal tactical reasons. However, the target group of this book does not need a deep-seated need, insofar as no recommendations for prevention can be derived from it. Not infrequently, such typologies are also limited to questionable banalities, such as that typical “robber characteristics” are: male, criminally convicted and ruthless. It also does not help much to know that robbers are under 30 years of age in 70% of cases and 12% of them have no high school diploma. At the same time, there are findings, e.g. on recidivism of sexual offenders, their origin (predominantly from the immediate family environment) or their radius of action (predominantly regional), from which further derivations can be made. 5.2  Findings

The particularly described individual offenses (7 Chap. 4) show certain specialties within the offender types active there. 5.2.1  Neglect and Child Abuse

Neglect is based on the fact that parents are so busy with themselves or other problems that they cannot see or meet the needs of the children. In the field of neglectful mothers, deficiencies can be found in their emotional health and their intellectual abilities; abuse of drugs and alcohol can also be present. There are more and more depressions and a syndrome that is characterized by dullness, emotional poverty, loneliness, clinging, the inability to express emotions, passive aggressiveness, hostility, lack of problem-solving ability, lack of relationship ability, boredom, restlessness, general dissatisfaction and the tendency to make others responsible for one’s own fate.

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With the fathers, who are anyway tendentially more absent, aggressions, dissocial personalities, criminality, intellectual deficits, low school education, drug and alcohol abuse can be detected; phenomena that, in addition to direct damage, also severely impair parental competence and care. Often, in their own history, physical or sexual violence and neglect can be found (Engfer, 1997; Cantwell, 2002). Violence in partner relationships can spill over to the children. Children in such relationships are eight times more likely to be beaten and three times more likely to be victims of sexual abuse (Wetzels, 1997). The more often a child is already beaten by his parents with the flat hand on the back of the head, arms or bottom, the higher the risk that he will develop psychological problems during his life and become aggressive himself at some point (Gershoff & Grogan-Kaylor, 2016). Violence often leads to new violence and victims often become perpetrators themselves during their lives (Ziegenhain et al., 2016). Fathers are generally more violent than mothers. Mothers behave violently towards sons and daughters to the same extent. Fathers are less violent towards their daughters. Overall, the level of parental violence seems to be decreasing over the last 25 years, but this only applies to children without a migration background. Male children with a migration background experience more parental abuse than female children with a migration background. For children without a migration background, there is no difference here (Hellmann, 2014). > Neglect and child abuse in the family context is due to the social deficits of the parents and has been stagnant for the last 25 years.

5.2.2  Sexual Abuse and Rape

In the area of sexual abuse the perpetrators are predominantly men (97.5%) in the case of female victims and 78.7% in the case of male victims. About 30% were themselves victims of sexual abuse (Fergusson & Mullen, 1999). It is assumed that the number of female perpetrators is underestimated because women are generally granted more physical contact and abuse can be disguised (Heyden & Jarosch, 2010). According to Groth and Birnbaum (1979), in 55% of the cases of rape examined, the perpetrators act out of a need for power; in this case, sexuality serves to subdue and control. The act compensates for feelings of inferiority and, from the perpetrator’s point of view, is proof of his sexual ability. Approximately 40% of perpetrators rape out of anger; in this case, sexuality becomes a hostile act and serves to relieve psychological pressure. The smallest group of perpetrators (5%) eroticizes anger and feelings of power. Bizarre methods of committing the act merge aggression and sexuality in sadism. Later typologies (Knight & Prentky, 1990) also distinguish between opportunistic perpetrators, revenge, ongoing anger, and sexual motives. The findings on the perpetrators’ own experience of sexual victimization are varied (20 to 90%)—by comparison, among offenders without sexual offenses, 13 to 70%. Therefore, no clear connection can be drawn between one’s own experience and later commission of the act (Günter, 2005; Kley, 2007).

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85% of all rapes take place in the immediate family circle (Dern et al., 2004). The younger the perpetrators are, the more likely they are to recidivate; the longer the release from prison is in the past, the less likely a recidivism is (Rehder, 2001; Vees, 2006). > Sexual abuse and rape is, on the part of the perpetrator, a male domain; the motives for nearly all rape cases are a desire for power and anger.

5.2.3  Bullying and Violent Acts

5

Within school classes, one to two behaviorally disturbed children could be identified according to empirical findings in the 1990s. Not every behaviorally disturbed child is a perpetrator of violence at the same time; however, behavioral disorders tend to favor this path. In the 2000s, about four children could be classified in this way, and twenty years later, about eight to ten children. Overall, a very heterogeneous picture of aggressive behavior by offenders results for childhood and adolescence (Rutter, 1997). Physical confrontations are most common in the 13–16 year old age group. This age distribution shows that the phenomenon of violence also occurs more frequently in school in the context of puberty. The perpetrator and victim status are relatively closely related to each other. Students who are exposed to the violence of their classmates disproportionately often also commit violence themselves. On the other hand, the majority of offenders are also victims of violence. The stereotype of generally more aggressive and delinquent foreign youth cannot be confirmed. At the same time, there are significant differences in the area of children, in particular of Arab / North African and Turkish descent, who are more likely to be violent. Excursus: In particular, Polish and Turkish children have very low rates of theft (Baier et al., 2010). Frequent use of violence comes from a small, violent core. The more serious the violence, the greater the proportion of initially non-violent students. Violent offenders are on average or slightly below average in popularity. They are often surrounded by a small group of two to three friends who seem to like them (Cairns et al., 1988). Girls show less physically aggressive behavior. Boys appear as perpetrators about three times as often. Verbal violence is a domain of female students (mocking, teasing, lying, exclusion, rumors). Girls have not become more violent in recent years (Baier et al., 2010). > The roles of perpetrator and victim in connection with school bullying are not always clearly delineated.

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Physical injuries are caused by acquaintances in about 52%, of which 17% are relatives. There are clear gender differences here: Women are victimized by known perpetrators 75% of the time (34% of which are relatives) (Glossary), while men are victimized only 36% of the time, and only 6.5% of those cases are from the family circle (Hellmann, 2014). If cyberbullying is based on disputes, the perpetrators tend to interpret these disputes as having been started by the opposing party. The perpetrators act out of anger, hate, revenge, boredom, or fun, according to their own experiences, which are that their behavior usually goes without consequence (Sitzer et al., 2012). Perpetrators of bullying in elementary school do not usually identify themselves as having stable roles (Schäfer & Albrecht, 2004). If observers are asked, at least 13% of perpetrators appear to be consistent (Monks et al., 2003). If the children get older, the roles become more stable—even if there are changes in teachers or classes (Olweus, 1978). It can be determined that the roles manifest themselves between the ages of 13 and 16 (Perry et al., 1988). The perpetrator personalities hardly have any conflict resolution strategies and only have little to no empathy. They are impulsive and only have a low self-control. They enjoy exercising power and usually also the opportunity to demonstrate their physical strength (Jannan, 2010). There is a tendency to interpret even harmless social interactions as provocations. 5.3  Power

Aggressive behavior is also used to achieve a goal. This can be the desire to exercise power (Roland & Idsoe, 2001). In addition, bullying actions can also involve membership aspirations on the part of the perpetrator (Olthof & Goossens, 2008; Ojanen et al., 2007). At this point, potential victims have the opportunity to move out of the perpetrator’s focus in the event of an incident and, if necessary, even beforehand. A perpetrator does not seek an opponent who is his equal or who alone could only pose the danger of leaving the conflict as a loser or with a loss of face. Instead, he is looking for an easy victim. He identifies this victim by certain victim characteristics, for which he regularly has no other choice than to visually inspect the victim in a first step (7 Chap. 11). It does not depend on the victim’s point of view, but only on the subjective view of the perpetrator. If he judges his counterpart to be weaker, he has no reason to stop his actions. If the victim is from his perspective below his own position of power, the risk of becoming a victim increases. If he sees it as equal or more powerful, the risk of victimization decreases (. Fig. 5.1). This is clearly shown in the following case study (7 Victims and Power). After each step, it should be checked mentally whether alternative 1 or alternative 2 leads to the potential victim appearing more powerful or weaker from the perpetrator’s point of view after the respective interaction.

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Power

Security zone

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Risk zone

. Fig. 5.1  Power and aggression

Victims and Power

A person is standing alone at a bus stop. Another person (T.) comes up, defines the first person as a potential victim for [unknown reasons at first], and stands next to her. The distance is only about 30 to 40 cm. Alternative 1The potential victim turns away silently and looks to the side. Alternative 2The potential victim takes a step to the side, so that the distance is now about 120 cm and looks at the person who has approached him silently. In both variants, T. subsequently addresses the potential victim (O.): “Hey you, what are you doing at my bus stop?”

Alternative 1O. answers: “Why? Nothing. I’m waiting for the bus.” O. smiles painfully. Alternative 2O. answers: “Leave me alone!” O. pays attention to the distance previously gained and looks at T. seriously, ready to bring his hands to support the distance between him and T. immediately if T. comes closer again. Which alternative behaviors will confirm and encourage T. to continue his actions and increase the risk of becoming a victim? And with which alternatives will he ponder whether his choice of victim was the right one?

> A victim has the opportunity to influence the process of becoming a victim (victimization) before and during an assault.

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5.4  Violence by Groups

First and foremost, it is important to realize that a group may be made up of several people, but in the end they are several individuals. Children as well as adults behave more aggressively when they observe another—as a “role model”—engaging in their own violent behavior. The more insecure the observer is, the stronger the role model effect can be (Olweus, 1978). Their own inhibitions against violence further decrease when the observer realizes that the aggressive behavior goes without consequence and is thus effectively “rewarded.” In addition, group situations bring about the effect of diffusion of responsibility (7 Chap. 13), which results in less feelings of guilt. The longer—especially relevant in the case of longer-term bullying—the torment continues, the stronger the view is nurtured that a victim is seen as less valuable and almost deserves to be damaged. On the other hand, negative consequences for the role model release inhibitions and hesitation. Therefore, for observers and victims of group violence, the quickest possible counterposition is the means of choice. Group violence overall is on the rise, i.e. groups of students are putting more pressure on others (Schwind, 2011). The affiliation with delinquent (glossary) friend groups is widespread during adolescence (61.7%). They themselves admit to doing something forbidden and violating norms at least sporadically. Only a small portion (3.5%) commit more serious offenses. However, they are then responsible for around 42% of all acts of violence. Boys are more often victims of group attacks. In Bullyingsituationen are 57% of classmates the perpetrator, but only 31% of classmates the victim friendly. 30% of classmates show amusement or pleasure and 48% of classmates are actively involved, when someone is bullied (Pepler & Craig, 1995). Researchers confirm for nine out of ten classmates a distinct role as perpetrator and victim, as assistant or amplifier of the perpetrator or as defender of the victim or as outsider (Sutton et al., 1999; Schäfer & Korn, 2004).

References Baier, D., Pfeiffer, C., Rabold, S., Simonson, J., & Kappes, C. (2010). Kinder und Jugendliche in Deutschland: Gewalterfahrungen, Integration, Medienkonsum. KFN. Cairns, R. B., Neckermann, H. J., Gest, S. D., & Gariépy, J. L. (1988). Social networks and aggressive behavior: Peer support or peer rejection? Developmental Psychology, 24(6), 815–823. Cantwell, H. B. (2002). Kindesvernachlässigung – Ein vernachlässigtes Thema. In M. E. Helfer, R. S. Kempe, & R. D. Krugman (Hrsg.), Das mißhandelte [sic] Kind (5. Aufl., S. 515–555). Suhrkamp. Dern, H., Frönd, R., Straub, U., Vick, J., & Witt, R. (2004). Geographisches Verhalten fremder Täter bei sexuellen Gewaltdelikten. Ein Projekt zur Optimierung der Einschätzung des geographischen Tatverhaltens im Rahmen der Erstellung eines Täterprofils bei operativen Fallanalysen. Bundeskriminalamt. Engfer, A. (1997). Gewalt gegen Kinder in der Familie. In U. T. Egle, S. O. Hoffmann, & P. Joraschky (Hrsg.), Sexueller Missbrauch, Misshandlung, Vernachlässigung (S. 21–34). Schattauer. Fergusson, D. M., & Mullen, P. E. (1999). Childhood sexual abuse; an evidence based perspective. Sage. Gershoff, E. T., & Grogan-Kaylor, A. (2016). Spanking and child outcomes: Old controversies and new meta-analyses. Journal of Family Psychology, 30(4), 453–469. Groth, A. N., & Birnbaum, H. J. (1979). Men who rape. The Psychology of the Offender. Springer. Günter, M. (2005). Jugendliche und erwachsene Sexualstraftäter im Vergleich Psychiatrische Charakteristika und späteres Rückfallrisiko. In M. Karle, G. M. Barth, & M. Clauß (Hrsg.), Sexuelle Entwicklung

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sexuelle Gewalt Grundlagen forensischer Begutachtung von Kindern und Jugendlichen (S. 62–79). Pabst Science. Hellmann, D. F. (2014). Repräsentativbefragung zu Viktimisierungserfahrungen in Deutschland. KFN. Heyden, S., & Jarosch, K. (2010). Missbrauchstäter: Phänomenologie, Psychodynamik, Therapie. Schattauer. Jannan, M. (2010). Das Anti-Mobbing-Buch (2. Aufl.). Beltz. Kley, E. (2007). Straftaten gegen die sexuelle Selbstbestimmung. Sexuelle Gewalt gegen Kinder. Ein ubiquitäres, gesellschaftliches Problem. Kriminalistik, 7, 455–463. Knight, R. A., & Prentky, R. A. (1990). Classifying sexual offenders. In W. L. Marshall, D. R. Laws, & H. E. Barbaree (Hrsg.), Handbook of sexual assault (S. 23–52). Springer. Monks, C. P., Smith, P. K., & Swettenham, J. (2003). Aggressors, victims and defenders in preschool: Peer, self and teacher reports. Merrill-Palmer Quarterly, 49(4), 453–469. Ojanen, T., Aunola, K., & Salmivalli, C. (2007). Situation-specifity of children’s social goals: Changing goals according to changing situations? International Journal of Behavioral Development, 31(3), 232– 341. Olthof, T., & Goossens, F. A. (2008). Bullying and the need to belong: Early adolescents’ bullyingrelated behavior and the acceptance they desire and receive from particular classmates. Social Development, 17(1), 24–46. Olweus, D. (1978). Aggression in the schools: Bullying and the whipping boys. Hemisphere Publishing Corporation. Pepler, D. J., & Craig, W. (1995). A peek behind the fence: Naturalistic observations of aggressive children with remote audiovisual recording. Developmental Psychology, 31(4), 548–553. Perry, D. G., Kusel, S. J., & Perry, L. C. (1988). Victims of peer aggression. Developmental Psychology, 24(6), 807–814. Rehder, U. (2001). Rückfallrisiko bei Sexualstraftätern RRS Verfahren zur Bestimmung von Rückfallgefahr und Behandlungsnotwendigkeit Handanweisung mit Erhebungsbogen. Kriminalpädagogischer Verlag. Roland, E., & Idsøe, T. (2001). Aggression and bullying. Aggressive Behavior, 27(6), 446–462. Rutter, M. (1997). Antisocial behavior: Developmental psychopathology perspectives. In D. M. Stoff, J. Breiling, & J. D. Maser (Hrsg.), Handbook of antisocial behavior (S. 115–124). Wiley. Schäfer, M., & Albrecht, A. (2004). „Wie Du mir, so ich Dir“: Prävalenz und Stabilität von Aggression und Bullying in Grundschulklassen. Psychologie in Erziehung und Unterricht, 51, 136–150. Schäfer, M., & Korn, S. (2004). Bullying als Gruppenphänomen. Zeitschrift für Entwicklungspsychologie und Pädagogische Psychologie, 36, 19–29. Schwind, H. D. (2011). Kriminologie (S. 240). Kriminalistik. Sitzer, P., Marth, J., Kocik, C., & Müller, K. N. (2012). Cyberbullying bei Schülerinnen und Schülern. Institut für interdisziplinäre Konflikt- und Gewaltforschung. Sutton, J., Smith, P. K., & Swettenham, J. (1999). Social cognition and bullying: Social inadequacy or skilled manipulation? British Journal of Developmental Psychology, 17(3), 435–450. Vees, S. D. (2006). Erwachsene Sexualstraftäter. Psychiatrische Charakteristika und spätere Rückfallhäufigkeit. 7 http://t1p.de/un8a. Accessed: 17. Juli 2022. Wetzels, P. (1997). Gewalterfahrungen in der Kindheit: Sexueller Missbrauch, körperliche Misshandlung und deren langfristige Konsequenzen. Nomos. Ziegenhain, U., Künster, A., & Besier, T. (2016). Gewalt gegen Kinder. Bundesgesundheitsblatt, 59(1), 44–51.

Rudi Heimann

(Dipl.-Verw.), Vice President of South Hessian police headquarters, former head of a central foreigners authority, teaches the subjects of criminology, leadership theory and police deployment management at the Hessian University of Applied Sciences for Police and Administration. He is a guest lecturer at the German Police University and the BKA; one of his main areas of research is sexualised violence. He has published on topics such as exhibitionism, violence against women and is intensively involved with human behaviour in safety-critical situations. He trains trainers and educators to become DOSB-licensed violence protection trainers; he himself conducts violence protection seminars for a wide variety of target groups.

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Development of Children and Adolescents Possibilities of Influence Kathrin Kullmann and Rudi Heimann Contents 6.1 Introduction – 68 6.2 Genes vs. Environment – 68 6.3 Resilience – 69 6.4 Developmental Phases – 70 6.4.1 Prenatal Phase – 70 6.4.2 Toddler – 70 6.4.3  Preschoolers – 72 6.4.4 Elementary School Children – 76 6.4.5  Youth – 79

6.5 Emotions – 80 References – 83

© The Author(s), under exclusive license to Springer Fachmedien Wiesbaden GmbH, part of Springer Nature 2022 R. Heimann and J. Fritzsche (eds.), Violence Prevention in Education, School, and Club, https://doi.org/10.1007/978-3-658-38551-4_6

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The development of the human being to an autonomous and self-effective being is one of the basic requirements in order to avoid victimization, to defy resistance or to survive attacks that have already occurred with the least possible damage. Both the disposition and the environment play a certain role in this. The possibilities of influence of parents, friends and school change through the phases of life before birth, early childhood, preschool and elementary school age as well as during adolescence. The limits of influence lie in the laws of development in early years that are not or only very conditionally influenceable. The development, consideration and conscious handling of emotions are among the great challenges. This is achieved, among other things, by the fact that emotional knowledge is imparted to children and adolescents in an age-appropriate manner.

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6.1  Introduction

Depending on the developmental level of a child or adolescent, the effects of social influencing factors change. Thus, the strength of the influence of the family, the kindergarten and the school on peer groups and new idols in adolescence changes; the latter, especially if the relationship with the parents is strained. This article focuses on the influenceable factors of human development and refrains from deeper consideration of theoretical basic model foundations. The reasons for the display of defiant behavior and how parents contribute to it may be interesting from the parents’ perspective, but are secondary to the focus of this book. The main focus is on significant motor, cognitive and emotional developments of children and adolescents, from which indications of possible influence can be derived. In the course of childhood, three prototypical personality profiles of children develop in our Western cultural circle and in Germany (Asendorpf et al., 2009): 1. Resilient children (49%): self-confident and cognitively competent, successful in dealing with stress, not moody 2. Overcontrolled children (21%): adaptable and obedient, not aggressive, but also not self-confident 3. Undercontrolled children (30%): energetic, restless, unsocial, uninhibited and uninterested. 6.2  Genes vs. Environment

Personality traits of people are shaped by genetic influences and environmental influences. Studies indicate that—depending on the personality trait—the shares can be different (Loehlin, 1992). There is an interaction between genetic activity and environmental conditions. The relative share is additionally determined by the respective age and the cultural influences. Cultural syndromes can be (Triandis, 1989): 5 Individualism vs. collectivism: Do I see myself more as an individual (Western cultures) or as part of a social group, caste or class (Eastern cultures)? 5 Complexity: How differentiated is a social system in terms of language education, technization or social classes? 5 Cultural strictness: How much tolerance is there for rule violations, how many rules and norms are there and how are they sanctioned?

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Not every culturally foreign attitude has to be unfavorable or counterproductive (7 Another Perspective). Another Perspective

At a parents’ evening, an Asian father notices that he does not understand why parents discuss the qualifications of teachers and the quality of teaching with children in messenger services. This would spread half-truths and expose teachers to unjustified criticism. In his opinion, this would shift the focus of the children’s attention to possible misconduct of the teachers. They would then be very eager to collect such incidents and report them to the parents instead of participating in the sub-

ject matter in class. In his culture, this would not be common. Critical dialogues would take place on the direct parent-teacher level and children would be involved in an age-appropriate way. Parents and teachers form a community of adults who socialize and teach children content together based on their life experience and educational training. In his opinion, this system reflects a biased, confrontational attitude of parents (towards their children) towards teachers.

In practice, it can be observed that Western cultures try to adapt unfavorable or disappointing situations to their own goals and wishes, while Asian cultures adapt their own emotions by calming or re- and revaluation to the given circumstances of the situation. Trommsdorff and Friedlmeier (1999) found that German mothers focused on the event that caused the emotions, while Japanese mothers distracted the child from the event, reinterpreted the situation and then encouraged the child to continue working on the original task. 6.3  Resilience

Children can oppose developmental risks inherent in violence once more and once less resilient. This resilience is not an innate property, but a dynamic developmental process (Rutter, 1995). This property is acquired by the child through their own activities or their environment offers the child the opportunity to expand it. There is evidence (Scarr & McCartney, 1983) that children prefer the favorable environmental conditions for their development and actively challenge appropriate development incentives. To support a resilience-promoting education, from preschool should: 5 the child be encouraged to identify and express their feelings. 5 the child be helped to build social relationships. 5 the child be helped to set achievable goals. 5 the child be encouraged to think positively and constructively. 5 premature aid be avoided.

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These activities begin with involving children in important decision-making processes at an early stage, so they develop a sense of being effective and having control over their own lives. Stress events and problem situations are perceived less as a burden, but rather as a challenge. This encourages more active-problem oriented and less passive-avoidant coping strategies; the children feel helplessly delivered to their fate. > The resilience of children against developmental risks can be specifically influenced by education and thus increased.

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In addition to these personal resources, protective conditions in the child’s environment also contribute to the development of resilience: 5 a stable, emotionally positive relationship with at least one reference person, as a result of which the child can develop a secure attachment pattern. 5 a parenting style that is characterized by respect and acceptance towards the child as well as by supportive and structured parenting behavior. 5 competent and caring adults outside the family who serve as positive role models, encourage and demonstrate how everyday crisis situations can be coped with (e.g. grandparents, friends, teachers). 5 positive contacts with peers and friendships. 5 appreciative climate in educational institutions. 6.4  Developmental Phases 6.4.1  Prenatal Phase

Although the unborn child is quite well protected, environmental influences can cause damage. Teratogens (Glossary) are, for example, environmental toxins, medications, drugs, alcohol, tobacco, nutrition and severe negative stress of the mother. These influences can lead to attention, learning and behavior problems as well as disorders of child stress regulation (Moore & Persaud, 2007). It is assumed that teratogens cause micro-defects in the central nervous system and thus the aforementioned consequences occur. 6.4.2  Toddlers

Feeding and sleep disorders in infants occur when the mother uses digital media in parallel during infant care (BLIKK, 2017). In the second year of life, important skills develop that change the child’s perception of himself and the interpretation of the environment. Through these developments at the cognitive, emotional and linguistic level, the transition from infant to toddler manifests itself. Children begin to distinguish between imagination and reality. They show self-conscious emotions for the first time, such as embarrassment, pride and shame, as well as first attempts at prosocial behavior, such as comforting, helping or sharing.

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Within the first seven years of a child’s life, sensomotor development takes place; children learn to combine various perceptions and convert them into appropriate reactions (Ayres, 2016). This allows the environment to be better assessed and the child’s own body to be perceived appropriately within it. Sensory development includes the development: 5 of vestibular (glossary) and tactile perception, 5 of kinesthetic perception or proprioception, 5 of visual perception in connection with figure-ground perception, 5 of visuomotor coordination, perception and form constancy, 5 of the ability to estimate spatial position, 5 of form perception, 5 of color perception, 5 of visual memory, 5 of auditory perception in the form of auditory attention, 5 of auditory figure-ground discrimination, 5 of auditory discrimination, 5 of auditory localization, 5 of auditory memory, 5 of laterality (glossary), 5 of the body schema and 5 of movement planning. With the gradual improvement of sensory perception, the child reacts more strongly to the environment and shows mental and social reactions. If the child is able to apply the sensory perceptions consciously and appropriately in a social context, successful sensory integration has taken place. > The child matures through the absorption of and engagement with the inner and outer sensory stimuli of his or her experience of the world: The child grows with his or her tasks.

If there are deficits in sensory integration (7 Insufficient Sensory Integration), this can be expressed as follows: 5 If distances are poorly estimated, a child comes too close or not close enough and therefore experiences rejection instead of affection. 5 Or it lets others get too close and therefore experiences unpleasant encounters. 5 Underdeveloped body schemas cause children to run into door frames or bump into other children. 5 Tactile and proprioceptive hypersensitivity does not allow for sufficient movement planning and this is expressed in clumsiness. 5 Tactile defensiveness results in the child reacting emotionally with aggressive or defensive actions to unexpected touch. Avoidance behavior or control compulsions can occur. Social fears and behavioral problems can result. 5 In the case of a tactile or vestibular (glossary) hypersensitivity, the child cannot filter or inhibit the stimuli sufficiently.

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Insufficient Sensory Integration

A nine-year-old child has disorders in the sense of balance. The muscle tone is too low and the posture is inappropriate. Maintaining appropriate postural stability requires conscious effort and attention. This attention is lacking for other activities. During a longer dictation exercise from the blackboard, the child falls from the chair—the whole attention is demanded by the writing and is no longer available for posture control.

6.4.3  Preschoolers

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From the third year of life, further significant changes take place. The gross and Fine motor skills develop—with considerable differences—over time. If running and jumping alternate, a greater agility and skill can be seen. Children can run backwards, stand on their toes, dance to music and balance on a narrow beam. By about five years of age, the majority of children can stand on one leg on each leg. The conditions for learning to swim, roller skating and cycling are present. While it was previously assumed that a high activity level was reached at about five years of age, newer research suggests that this peak is only reached at seven to eight years of age (Jenni et al., 2012). The individual differences become clear when there are children who can ride a bike and tie their shoes at three years of age, while this is only possible for others at five or even seven years of age. Early shown skills cannot be used to infer that these developmental steps will be maintained (Ahnert et al., 2003). Children with weakly developed motor skills stand out with problems in social behavior (van Rossum et al., 1992). One possible reason for this could be that children with weak motor skills have a lower status within the peer group, which is shown by neglect or rejection (Adler, 1982). In particular, it is true for boys with weak motor skills that they take on low roles in team games and have difficulty joining a running game. As a result, these children are physically less active, so there are fewer opportunities to improve motor skills. In contrast, children with strongly developed motor skills are particularly popular (Evans & Roberts, 1987). Children with motor deficits can become increasingly socially isolated due to neglect or rejection by peers. Children with social shyness and withdrawal or aggressiveness can react to social rejection. > Motor deficits can lead to neglect or rejection by peers.

Three-year-old children who are allowed their own rhythm by their parents and thus go to sleep at irregular times tend to be hyperactive and have social and emotional difficulties in later years (Kelly et al., 2013). Between the ages of two and five, there is a significant increase in motor hyperactivity, concentration disorders and language development disorders in connection with the use of digital screen media by children (BLIKK, 2017). For five-year-old children whose media use is high, clear

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. Fig. 6.1  Children’s drawings and television consumption

differences can be seen. In the context of school aptitude tests, after the actual test, questions were asked about the television consumption of the five-year-old test subjects and they were asked to draw a person. The results of the five-year-old test subjects speak for themselves. In the upper row are pictures of children who, according to their parents, watch television for less than an hour a day, in the lower row pictures of children who watch television for more than three hours (. Fig. 6.1). In the cognitive area, the ability to imagine events or actions mentally develops until about the seventh year of life. Even though the children are competent in their interaction with their environment, the children are not yet able to follow the rules of adult logic. The joy of fantasy worlds is still very great and imaginary friends are not uncommon (Mähler, 2008). Children are unable to undo a situation in their minds, dissolve it in a chain of cause and effect, and can only partially distinguish between cause and effect. Only with the beginning of school do they gain the ability to decenter—to look at a situation from the outside. This is accompanied by the possibility of distinguishing the views or perspectives of other people from one’s own. Then the children realize that other people do not have to have the same world view and act on the basis of information that does not correspond to their own level of knowledge (7 Sally-Anne-Test). The more familiar a child is with the social environment, the more likely it is that children can reflect on cause-effect relationships (Goswami, 2008). Even if children in preschool know that restraint or waiting would be the better choice in the overall view, they regularly fail to translate this into appropriate behavior and resist the temptation of immediate gratification. The better the linguistic skills of children are developed, the earlier and more reliable the self-control (Zelazo et al., 2005) works.

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Sally-Anne-Test (Wimmer & Perner, 1983)

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One way to test a child’s ability to distinguish the views or perspectives of other people from their own is the Sally-Anne test. In this test, the child is told a short story about Sally and Anne. Sally and Anne are in a room. Sally has a basket and Anne has a box. Sally takes a marble and hides it in her basket. Then she leaves the room and goes for a walk. While she is away, Anne takes the marble out of Sally’s basket and puts it in

her own box. Sally returns to the room and the child is asked the key question “Where will Sally look for her marble?” If the child answers correctly that Sally believes the marble is still in her basket, this shows that the child understands that Sally has her own beliefs that may not correspond to reality. If the child answers that the marble is in the box, he was not able to think from Sally’s perspective.

The development of emotions and motivation undergoes significant changes in the preschool years. Thus, for 3-year-olds, tactile stimuli are still of great importance in the area of curiosity and exploratory behavior, while 6-year-olds prefer visual impressions (Keller & Boigs, 1989). Almost all children share a strong interest in new objects or people (Kasten & Krapp, 1986). The self-image is mostly positive and usually unrealistic. This optimism regarding one’s own abilities is partly due to the significant improvements in the areas of motor and cognitive development, and partly to the fact that adults do not spare praise when assessing performance, admire progress and use critical comments more reservedly. Furthermore, children of this age group rarely make social comparisons. Evaluations are usually limited to statements about oneself, such as “I can ride a scooter”, “My best friend is called Carla”, “I have a big plastic car” or “I have blonde hair”. This gradually changes towards realism during the second school year. > The—depending on the age—limited ability of children to distinguish the views or perspectives of other people from their own, only makes sense from the age of about six to seven years, to teach specific self-assertion techniques.

Emotional reactions of children and adults fulfill the function of either maintaining, changing or restoring one’s own relationship to the environment. They serve the communication by transmitting one’s own situational evaluations to the environment. Already at a relatively early stage, ten basic emotions can be identified (Izard, 1981): anger, joy, pride, fear, disgust, anger, shame, guilt, pain, surprise, sadness, and contempt. Emotions like joy, sadness, anger, disgust, fear, and surprise can be found across cultures, from which one can conclude that there are innate competencies (Ekman & Friesen, 1971). It is important that not only the emotions themselves are known, but also that there is an understanding of the emotion regulation processes, so that this regulation can take place. Essential components of emotional knowledge are shown in . Table 6.1. Children in this age range are familiar with basic emotions and already use them as a means of communication. The early establishment of a secure attachment to

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. Table 6.1  Components of emotional knowledge (According to Harris et al., 2005) Component

Description

Facial expression

Recognizing different emotions in the facial expression

Occasion

Assigning emotions to specific occasions

Desire

Understanding that fulfilled desires lead to joy

Perspective

Ability to put oneself in the emotional perspective of others

Memory

Understanding that the memory of an event can trigger the emotions originally associated with it

Regulation

Understanding that one’s own emotions can be changed

Hiding

Understanding that it is possible to hide emotions

Mixed emotions

Understanding that it is possible to have multiple emotions at the same time

Conscience

Development of a guilty conscience when rules are broken

the parents leads to long-term positive social skills; as well as the expansion of social experiences with peers or positive relationships with caregivers in child care facilities. The latter can lay the foundation for a positive relationship with the teachers in elementary school (Ahnert, 2008). The view that early care of children in non-family child care facilities burdens the relationship between children and parents can no longer be maintained (Ahnert, 2008). What is decisive is the sensitivity of the parents. The parent-child relationship should be determined by affection and emotional warmth. In interaction with the child, clear and consistent rules of behavior should prevail and preschool children should be given autonomy-promoting action options (7 Autonomy Promotion?). If these conditions are met, children develop into self-confident, capable, emotionally stable and socially competent individuals. It can be observed that children with a secure attachment to the parents can transfer the successful social patterns relatively well to non-family situations with friends or in kindergarten (Mähler, 2008). Regular contact with peers from the age of three can then take place cooperatively, while earlier contacts are often associated with quarrels because suitable conflict resolution strategies are lacking. Autonomy Promotion?

A 6-year-old boy, after several months of membership in the swimming club and three training sessions per week, is still being dressed by his mother in the boys’ locker room. An 8-year-old boy is accompanied by his mother to the classroom every day and picked up again in front of the classroom; when the children have sports, she waits in front of the locker rooms and helps with the dressing. When addressed by the teachers, she explains that she “does not want to put him under pressure”.

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Girls tend to prefer cooperative play forms, while boys prefer individual play. The ability to cooperate is particularly developed through role-playing games; thus, children who were able to gain a lot of experience at the age of four later show more prosocial behavior, they are more popular and well-liked friends (Mähler, 2008). 6.4.4  Elementary School Children

6

In the age range of seven to twelve years, children reach another important stage in their mental development. The flexibility of thinking leads to the fact that they can look at several aspects and thus several perspectives of the same situation. While younger children still have the habit of staying with a task, elementary school children show the ability to adapt to changing requirements and respond to them. This also includes more rapid and targeted planning of their own actions. The more social comparisons with peers are perceived, the more differentiated, comprehensive and realistic self-assessments are made. School promotes this tendency and this in particular by repeatedly comparing performances through grading. Children begin to form overarching concepts (“I can swim well and shoot many goals—that makes me athletic”). In addition to their own assessment, the recognition and support of adults and peers influence self-esteem. Even children who generally assess their performance rather low can develop a high self-esteem if they are given the impression that it is accepted as it is. On the contrary, a child who experiences this recognition but constantly fails to meet his or her own performance expectations may have a low self-esteem. The parenting style of the parents is of particular importance (. Fig. 6.2). The different styles can be distinguished in three forms (Coppersmith, 1967): 6.4.4.1  Authoritarian Style

Parents try to control their children’s behavior with strong control. The child is not trusted to act responsibly. The rules that are set may not be questioned, are strictly

Control Authoritaria Authoritative Permissive

Autonomy . Fig. 6.2  Control and autonomy in parenting styles

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monitored and disobedience is punished. The child gets the impression that it has little control itself and cannot test its ability to act responsibly. Compared to peers, these children act more aggressively because they have internalized the principle of the stronger one. 6.4.4.2  Permissive Style

This style is characterized by the fact that the parents are very considerate and respond to the wishes and needs of the children, but also set few limits. Parents often form a kind of symbiosis with their children within this style, are “their best friends” and “always there for them”. They do not expect them to behave appropriately towards peers or adults. These children act impulsively and recklessly towards others, which reduces their popularity. The self-esteem can also sink because the parents do not set any rules and thus invest less effort from the child’s perspective. 6.4.4.3  Authoritative Style

In the authoritative style, parents set clear rules for important areas of behavior and monitor them consistently. These rules are not only well-founded for the child, but also designed to form a corridor in which the child has its own decision-making space. In connection with appropriate emotional engagement, parents can empathize with children and take them seriously. This appreciation leads to competence, self-confidence and high popularity with peers. > If it is intended to change one’s parenting style, this is preferably done immediately and comprehensively. The child’s adaptation process will take about six to eight weeks.

In parenting style, a fundamental change has taken place for some parents in the years since the digital revolution. Starting from the basic situation that children experience situations in everyday life that we find unpleasant, such as standing in line or sitting in the classroom during non-preferred lesson content—this requires frustration tolerance from children. This ability is already developed before the end of the first year of life—or not (7 Permissive Parenting and Symbiosis). From this stage of development, the child can learn that it has to wait from time to time and be patient and does not get everything immediately if it articulates itself loudly enough. If the needs are still met immediately, this results in people who only have a limited sense of punctuality or work ethic. In the transitional phase to adulthood, these children seek the quickest possible fulfillment of their wishes. One of the causes of this parenting style is seen in the role and use of smartphones and tablets (Ralston, 2015).

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Permissive Parenting and Symbiosis

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A child psychiatrist reports: “While ‘earlier’ the children turned to the therapist on the first contact and reacted according to age group either with play break, eye contact or contact, this is different today. The parents take over all answers for the child on behalf of the child. The children play unimpressed. A greeting is not possible. The children let me wait and set the pace. Requests to sit are not followed and verbal expressions are monotonous. Experiences from the past refer to ‘yesterday’. The children act according to the ‘pleasure and mood principle’.” The projection of one’s own needs onto the child with a positive perspective

leads to the thought that the child’s happiness necessarily leads to the happiness of the adult. This makes the child symbiotic part of one’s own being. The result is power struggles that the adult cannot win because he would have to act against himself. The child’s feelings are taken over as one’s own, one’s own person is not perceived and the child’s reactions are registered as one’s own body sensations—so children knock or climb on their parents while these no longer perceive the disturbance. Although other adults find this disturbing, these parents classify the behavior as normal and not in need of correction.

6.4.4.4  The Role of Teachers

The development of a positive self-image also depends on success or failure in performance situations. Here two basic types of children can be distinguished (Dweck & Elliot, 1983): Children Who are Optimistic About Coping  Successes are attributed by the children to

their own good abilities, while external factors that are not controllable are held responsible for a bad performance. If the child comes to the conviction that it is after all an internal cause, this is considered changeable. This way of thinking promotes a high motivation to face new challenges and not to be discouraged by failures. Helpless Children  These children justify their successes with uncontrollable factors such as luck or chance, while they justify failures with internal and stable factors. This pessimism leads to the assessment that they will also do poorly in the future and they quickly give up on unknown and difficult tasks. This in turn prevents them from taking on any further attempts, which in turn leads to further frustration and fear of performance situations. The further reinforcement of this helplessness is achieved if children repeatedly experience failures in direct performance comparison. These comparisons take place in our society primarily at school, whereby the responsibility for this lies with teachers if weaker students become helpless children when the performance is mainly compared with the performance of their classmates. Rather, the individual learning progress should be emphasized and set in comparison to its starting level. Therefore, even below-average students can be praised for their efforts and make the impenetrable obstacle from fear, frustration and failure overcomeable from the child’s perspective. Teachers who are in the comparative approach only assess complete performances and focus on above-average students, whom they praise even

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when their performance decreases (Rheinberg, 1987). According to the research of Rutter (1993), in elementary school the personal skills of the teachers play a greater role for the development of personality than the quality of teaching. In the emotional area, during the course of elementary school, emotional states are better recognized and the ability to emotional self-regulation increases. Emotions increasingly occur in the absence of other people and self-related emotions such as pride or shame play a major role in the development of motivation and thus ultimately in self-confidence. Children initially deny that what people say can be different from what they think. At the age of six, children can distinguish between physical and mental experience, but still assume that they are consistent. Only with about eight years it is recognized that inner experiences can differ from the external appearance. With about ten years, the understanding is developed that a person can have two opposite emotional states at the same time (7 Procedure of Pedophile Offenders). Over time, children realize that the expression of emotion does not have to match the actual emotional state (Saarni, 1997). These changes also make the understanding of more complex situations and empathy towards people possible. > The perception of two opposite emotional states is one of the basic requirements for the distinction in particular against pedophilic (glossary) actions in the context of sexualized violence (7 Procedure of Pedophile Offenders).

For many children, the entrance into school and the resulting comparison with other children seem to be difficult in emotional, cognitive, and social terms. This state can then be compensated for only partially by playing up or hiding deficiencies. Thus, nine-year-old children may be unfamiliar with terms such as “consolation, guilt, bad luck, threat, intuition, or revenge”—without these comprehension problems being due to foreign language barriers. Children who are better able to distract themselves from their own shortcomings during this period with thoughts of beautiful things need less support from caregivers in this self-regulation. As a result, they feel a increased self-efficacy, feel more competent, and are more accepted by their peers.

Procedure of Pedophile Offenders

Pedophiles, who become criminally liable in the area of sexualized violence, often use the confusion of feelings that arises in a child when, through attention, gifts or other behavior, it first experiences good and positive feelings and then, in this state, physical assaults take place that trigger opposite feelings (should).

6.4.5  Youth

In the field of developmental psychology, the time between puberty and the end of the second decade of life is referred to as adolescence or youth. Over the last century, the timing of the physical changes associated with puberty has shifted further and further forward; from about 17 years in 1840 to about 12 years in today’s time. This phenomenon is influenced by improved environmental conditions, high-calorie

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nutrition and better medical care. The cognitive development leads to an improvement of the attention, the working memory and the abstract thinking. They can theoretically analyze problems and have thus reached the highest form of logical thinking. Therefore, people in this age increasingly deal with moral questions and social justice. At the same time, adolescents process information with the amygdala, the emotional part of the brain, instead of the prefrontal cortex, the rational part of the brain, like adults (Casey et al., 2008). Since the connections between the emotional part of the brain and the decision center are not yet fully developed, it can happen that overwhelming emotions lead to decisions that an adolescent can no longer explain to himself later. Adolescents are tempted to risk-increasing behavior by the mere presence of peers (Chein et al., 2011). Deviant (glossary) adolescents preferably choose like-minded people, which is also promoted by the fact that they are rejected by inconspicuous peers. In their company, further socialization then takes place through common activities as well as the formation of antisocial behaviors by common gossip about norms and antisocial fantasies. > During the puberty the adolescent decides with the emotional part of the brain. Neither he nor his environment can therefore explain certain reactions.

With the beginning of puberty, the interest in the opposite sex increases and the adolescents try to find ways to deal with the new experiences. First, from the safety of the group, the other is teased, chased or started other clumsy attempts at contact. These interactions are dominated by apparent disinterest, but they hide the typical fantasies of romantic relationships that do not yet exist or will never exist. From these situations, mixed-sex groups develop within which couples form, which allow for less stable relationships of a few months duration. After that, longer-lasting relationships can develop, in which feelings are openly discussed. If such a friendship breaks, the same solutions learned in the parents’ house are regularly applied. A variety of physical and psychological changes take place that are important for explaining typical adolescent behavior. In the end, there is a higher ability to self-regulate and to be insightful. With about 14 years, the weaknesses of friends are first identified, with about 15 years the parents’ and only at the end with about 16 years the own. But before that, a delta has to be overcome for a longer period of time between increased emotionality and low cognitive control. 6.5  Emotions

Emotions determine human action throughout our lives. They are triggers for motivation and also play a significant role in cognitive decision-making processes. Our basic goal is to achieve pleasant emotions and to avoid or reduce unpleasant emotions if they are present. Certain emotions are culture-independent (7 Sect. 6.4.3) and we share some emotional expression with other mammals (Darwin, 1872). The coupling of certain body reactions associated with emotions, such as hair standing on end, laughter, crying, blushing, sweating, baring teeth or raising one’s head, has become more pronounced during evolution.

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The ability to recognize emotional states in others is evolutionarily present in us. These programs can conflict with each other—for example, the program for regulating sleep and the program for being alert to dangers. In these cases, higher-level mechanisms are required to keep one of the two programs active and to block the other. Emotions take over this hierarchy. Fear, for example, is likely to suppress the tendency to want to sleep and keep a person awake with sharpened senses. These functions are adapted to the environment of our ancestors. Therefore, our expressions and body reactions may not always match the tasks of our time. We experience anger or fear with the consequences of adrenaline release, increased blood pressure and increased muscle tension, and we could quickly flee or fight, but we sit motionless in a school desk because we are afraid of an exam or have received a negative performance evaluation. Our culture has developed regulatory elements for this purpose, which must be accepted by its members, including children, who must internalize them into their developing sense of self. Emotions themselves do not occur until certain points in childhood and serve different functions in relation to the individual and the social environment (. Table 6.2). The ability to control and regulate emotions deliberately is learned by children during the preschool years; it is indispensable for coping with conflicts. The basis for this type of control and regulation are four core competencies (. Fig. 6.3). Effective Regulation Strategies  To influence emotions, stress-reducing strategies such

as distraction, relaxation, recovery, and minimization or stress-increasing strategies such as mental preoccupation, resignation, or aggression (Hampel et al., 2001) are suitable. Distraction is one of the first strategies that children begin to use independently from the age of two. Perspective Change  The ability to control one’s attention, to recognize and follow rules, and to control one’s own impulses requires a view of the self from the outside (Zelazo & Cunningham, 2007). It has been shown that children who had good self-control at the age of four have more social competence as adolescents, are more self-confident and tolerant of frustration (Shoda et al., 1990). Language for Distancing  Children with extensive knowledge of emotions, the ability

to express emotions verbally, and the knowledge of the possibilities of influencing emotions through themselves can better regulate themselves and show significantly fewer behavioral problems (Janke, 1999). Mental Time Travels  This refers to the ability to understand, remember and consider past and future events, actions and states of mind when planning one’s own actions (Bischof-Köhler, 2011). This ability develops between the ages of three and five. Children whose social and emotional intelligence has been trained with corresponding learning programs are more successful in later life. Over 97,000 children were observed over a period of 18 years. The trained children learned more easily, had less anxiety and were less disruptive. In adulthood, eleven percent more often achieved a university degree, were six percent less disruptive, had 13.5% fewer mental problems and were 19% less likely to be convicted of a crime (Taylor et al., 2017).

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. Table 6.2  Emotions—Occasion and Function (According to Magai & McFadden, 1995)

6

Emotion

Occasion

Function for the self

Function in relation to others

Disgust (from birth)

Perception of harmful substances or individuals

Rejects harmful substances or individuals

Signals lack of receptivity in the individual

Interest (from birth)

Novelty, deviation

Opens the sensory system

Signals receptivity

Joy (from 2 months)

Intimacy, familiarity, enjoyment

Signals to continue the activity

Promotes social bonding by transferring positive emotions

Anger (from 7 months)

Goal frustration by other people

Eliminates barriers and sources of goal frustration

Warns of an impending attack

Grief (from 9 months)

Loss of a valuable object, lack of effectiveness

Promotes empathy, incapacitates at high intensity

Triggers care and protection tendencies as well as empathy

Fear (from 9 months)

Perception of danger

Identifies threat, promotes escape and attack tendencies

Signals submission, wards off attack

Surprise (from 9 months)

Violation of expectations

Interrupts action sequence

Demonstrates naivete, protects against attack

Embarrassment (from 9 months)

Perception that one’s own person is intensively inspected

Promotes behavior that protects the self from further inspection

Signals need for withdrawal

Pride (from 24 months)

Perception of one’s own competence in comparison by others

Signals social affiliation, increase in self-esteem

Leads to self-enhancement, appeal for admiration

Shame (from 30 months on)

Perception of one’s own inadequacy in comparison by others

Signals danger of social exclusion, leads to avoidance behavior

Leads to submissiveness in order to prevent social exclusion

Guilt (from 36 months on)

Recognition that one has acted wrongly and the feeling that one cannot escape

Promotes attempts at restitution

Leads to submissive body posture, which reduces the likelihood of an attack

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Effective regulation

Change of perspective

Language for distancing

Mental time travel

. Fig. 6.3  Four components of emotion control

References Adler, H. (1982). Children with problems in physical education in school. Social factors, school performance, and attitudes towards physical education and sports. Acta Paedopsychiatrica: International Journal of Child & Adolescent Psychiatry, 47(6), 313–326. Ahnert, L., Bös, K., & Schneider, W. (2003). Motorische und kognitive Entwicklung im Vorschul- und Schulalter. Befunde der Münchner Längsschnittstudie LOGIK. Zeitschrift für Entwicklungspsychologie und Pädagogische Psychologie, 39, 12–24. Ahnert, L. (2008). Entwicklung in kombinierter familiärer und außerfamiliärer Kleinkind- und Vorschulbetreuung. In M. Hasselhorn & R. K. Silbereisen (Hrsg.), Entwicklungspsychologie des Säuglings- und Kindesalters. Enzyklopädie für Psychologie, Themenbereich C: Theorie und Forschung, Serie V: Entwicklungspsychologie (Bd. 4, S. 374–409). Hogrefe. Asendorpf, J. B., Denissen, J. J. A., & van Aken, M. A. G. (2009). Personality trajectories from early childhood through emerging adulthood. In W. Schneider & M. Bullock (eds.), Human development from early childhood to early adulthood. Findings from a 20 year longitudinal study (pp. 119–144). Psychology Press. Ayres, A. J. (2016). Bausteine der kindlichen Entwicklung. Springer. Bischof-Köhler, D. (2011). Soziale Entwicklung in Kindheit und Jugend. Bindung, Empathie, Theory of Mind. Kohlhammer. BLIKK. (2017). Studie Bewältigung, Lernverhalten, Intelligenz, Kompetenz und Kommunikation – Kinder und Jugendliche im Umgang mit elektronischen Medien. Bundesministerium für Gesundheit. Casey, B. J., Jones, R. M., & Hare, T. A. (2008). The adolescent brain. Annals of the New York Academy of Sciences, 1124(1), 111–126. Chein, J., Albert, D., O’Brien, L., Breiner, K., & Steinberg, L. (2011). Peers increase adolescent risk taking by enhancing activity in the brain’s reward circuitry. Developmental Science, 14(2), F1–F10. Coppersmith, S. (1967). The antecedents of self-steem. Freeman. Darwin, C. (1872). The expression of emotion in man and animals. Murray. Dweck, C. S., & Elliot, E. S. (1983). Achievement motivation. In P. H. Mussen & E. M. Hetherington (eds.), Handbook of child psychology (vol. 4, pp. 643–691). Wiley.

6

84

6

K. Kullmann and R. Heimann

Ekman, P., & Friesen, W. V. (1971). Constants across cultures in the face andemotion. Journal of Personality and Social Psychology, 17(2), 124–129. Evans, J., & Roberts, G. C. (1987). Physical competence and the development of children’s peer relations. Quest, 39(1), 23–35. Goswami, U. (2008). Cognitive development. The learning brain. Psychology Press. Hampel, P., Petermann, F., & Dickow, B. (2001). Stressverarbeitungsfragebogen für Kinder und Jugendliche. Hogrefe. Harris, P. L., de Rosnay, M., & Pons, F. (2005). Language and children’s understanding of mental states. Current Directions in Psychological Science, 14(2), 69–73. Izard, C. E. (1981). Die Emotionen des Menschen. Eine Einführung in die Grundlagen der Emotionspsychologie. Beltz. Janke, B. (1999). Naive Psychologie und die Entwicklung des Emotionswissens. In W. Friedlmeier & M. Holodynski (Hrsg.), Emotionale Entwicklung (S. 70–98). Spektrum Akademischer. Jenni, O., Kekebeeke, T., Werner, H., & Caflisch, J. (2012). Bewegungsverhalten im Kindesalter: Was ist normal? In T. Hellbrügge & B. Schneeweiß (Hrsg.), Kinder im Schulalter (S. 67–83). Klett-Cobra. Kasten, H. & Krapp, K. (1986). Das Interessen-Genese-Projekt – Eine Pilotstudie. Zeitschrift für Pädagogik, 32(2), 175–188. Keller, H. & Boigs, R. (1989). Entwicklung des Explorationsverhaltens. In Keller H. (Hrsg.). Handbuch der Kleinkindforschung (S. 443–464). Springer. Kelly, Y., Kelly, J., & Sacker, A. (2013). Time for bed: Associations with cognitive performance in 7-yearold children: A longitudinal population-based study. Epidemiol Community and Community Health, 67(11), 926–931. Loehlin, J. C. (1992). Genes and environment in personality development. Sage. Magai, C., & McFadden, S. H. (1995). Emotions, personality, and psychotherapy. The role of emotions in social and personality development: History, theory, and research. Plenum Press. Mähler, C. (2008). Das Kindergarten- und Vorschulalter (4. bis 7. Lebensjahr). In M. Hasselhorn & R. K. Silbereisen (Hrsg.), Entwicklungspsychologie des Säuglings- und Kindesalters. Enzyklopädie für Psychologie, Themenbereich C: Theorie und Forschung, Serie V: Entwicklungspsychologie (Bd. 4, S. 177–237). Hogrefe. Moore, K. L., & Persaud, T. V. N. (2007). Embryologie: Entwicklungsstadien, Frühentwicklung, Organgenese, Klinik (5. Aufl.). Urban & Fischer/Elsevier. Ralston, S. J. (2015). What’s wrong with distracted parenting? An ethical analysis. 7 https://ssrn.com/abstract=2708445. Accessed: 17. Jul. 2022. Rheinberg, F. (1987). Soziale versus individuelle Leistungsvergleiche und ihre motivationalen Folgen. In R. Olechowski & E. Persa (Hrsg.), Fördernde Leistungsbeurteilungen (S. 80–115). Jugend und Volk. Rutter, M. (1993). Wege von der Kindheit zum Erwachsenenalter. In H. G. Petzold (Hrsg.), Psachotherapie und Babyforschung Bd. 1, Frühe Schädigungen – späte Folgen? Junfermann. Rutter, M. (1995). Psychosocial adversity: Risk, resilience & recovery. Southern African Journal of Child and Adolescent Mental Health, 7(2), 75–88. Saarni, C. (1997). Emotional competence and self-regulation in childhood. In P. Salovey & D. J. Sluyter (eds.), Emotional development and emotional intelligence: Educational implications (pp. 35–69). Basic Books. Scarr, S., & McCartney, K. (1983). How people make their own environments: A theory of genotype → environment effects. Child Development, 54(2), 424–435. Shoda, Y., Mischel, W., & Peake, P. K. (1990). Predicting adolescent cognitive and self-regulatory competencies from preschool delay of gratification: Identifying diagnostic conditions. Developmental Psychology, 26(6), 978–986. Taylor, R. D., Oberle, E., Durlak, J. A., & Weissberg, R. P. (2017). Promoting positive youth development through school-based social and emotional learning interventions: A meta-analysis of follow-up effects. Child Development, 88(4), 1156–1171. Triandis, H. C. (1989). The self and social behavior in differing cultural contexts. Psychological Review, 96(3), 506–520. Trommsdorff, G., & Friedlmeier, W. (1999). Emotionale Entwicklung im Kulturvergleich. In W. Friedlmeier & M. Holodynski (Hrsg.), Emotionale Entwicklung: Funktion, Regulation und soziokultureller Kontext von Emotionen (S. 275–293). Spektrum.

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Van Rossum, J. H. A., van den Born, S. & Vermeer, A. (1992). Social inhibition and motor skill performance in first, third and fifth grade children. Acta Paedopsychiatrica: International Journal of Child & Adolescent Psychiatry, 55(2), 107–113. Wimmer, H., & Perner, J. (1983). Beliefs about beliefs: Representation and constraining function of wrong beliefs in young children’s understanding of deception. Cognition, 13(1) 103–128. Zelazo, P. D., Qu, L., & Müller, U. (2005). Hot and cool aspects of executive function: Relations in early development. In W. Schneider, R. Schumann-Hengsteler, & B. Sodian (eds.), Young children’s cognitive development: Interrelationships among executive functioning, working memory, verbal ability, and theory of mind (pp. 71–93). Erlbaum. Zelazo, P. D., & Cunningham, W. A. (2007). Executive function: Mechanisms underlying emotion regulation. In J. J. Gross (eds.), Handbook of emotion regulation (pp. 135–158). The Guilford Press.

Kathrin Kullmann

studied primary and secondary education (primary education and sport) at the University of Koblenz-Landau (1999–2005). Since 2010, she has been the deputy headmistress of a primary school with more than 350 pupils, where she is the contact person for prevention against sexual violence in schools. Lecturer at the Sports Institute of the University of Koblenz in the field of swimming. Head of experiential teaching series in a grammar school. Seminar leader in the area of crisis and conflict management for children and young people. Since 1995, trainer in a swimming club with children and young people in all age groups. Licensed violence protection trainer. Rudi Heimann

(Dipl.-Verw.), Vice President of South Hessian police headquarters, former head of a central foreigners authority, teaches the subjects of criminology, leadership theory and police deployment management at the Hessian University of Applied Sciences for Police and Administration. He is a guest lecturer at the German Police University and the BKA; one of his main areas of research is sexualised violence. He has published on topics such as exhibitionism, violence against women and is intensively involved with human behaviour in safety-critical situations. He trains trainers and educators to become DOSB-licensed violence protection trainers; he himself conducts violence protection seminars for a wide variety of target groups.

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Legal Aspects Violence, Self-defence and Assistance from a Legal Perspective Leslie Heimann Contents 7.1 Introduction – 89 7.2 Legal Basis for Liability – 89 7.3 The Offence – 90 7.3.1 Types of Offenses – 90 7.3.2 Relevant Offenses in Childhood and Adolescence – 92

7.4 Guarantors & Omissions – 99 7.4.1 The Omission Offense – 99 7.4.2 The Guarantor Position – 100 7.4.3 § 323c para. 1 StGB: Failure to Render Assistance – 101

7.5 Self-defence & First Aid – 102 7.5.1 Key Ideas – 102 7.5.2 Self-defence – 102 7.5.3 Self-defence/Emergency Aid – 103 7.5.4 Notwehrexzess – 104

7.6 Criminal Law Emergencies – 104 7.6.1 Necessity as justification – 104 7.6.2 Necessity as defence – 105

7.7 Self-help – 106 7.8 Civil Law Emergencies – 106 7.9 Right to One’s Own Image and One’s Own Word – 107

© The Author(s), under exclusive license to Springer Fachmedien Wiesbaden GmbH, part of Springer Nature 2022 R. Heimann and J. Fritzsche (eds.), Violence Prevention in Education, School, and Club, https://doi.org/10.1007/978-3-658-38551-4_7

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7.10 Legal Options After the Crime – 107 7.10.1 Criminal Complaint & Criminal Application – 107 7.10.2 Legal Aid – 108 7.10.3 Adhesion Procedure – 109 7.10.4 Private Prosecution – 109

7.11 Consequences – 109 7.11.1 Imprisonment & Fine – 109 7.11.2 Pain and Suffering & Damages – 109

7.12 Victim Protection/Victim Rights – 110 7.12.1 Subsidiary Complaint – 110 7.12.2 Victim-offender mediation – 111

7.13 Witnesses – 111 7.14 Compensation for Assistance – 111 References – 111

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The rule of law puts violence under punishment in principle. Aid and defense actions cannot and must not be carried out without limit. For this purpose, the German Criminal Code provides a certain and binding framework that is of fundamental importance for human coexistence and enables courts to pass appropriate judgments proportional to the value of the act or omission. But even in other pillars of the law, means and ways are anchored to defend oneself against impending danger or attack and to defend others. In addition to such penal and civil law principles, aspects will be illuminated that will then become relevant when two people have become perpetrators and victims—roles that are equally recognized in the German rule of law. Even if the deed has already been done, help can still be given and damage limitation can be carried out.

7.1  Introduction

In the conflict between perpetrators and victims of violence, legal aspects inevitably come into play within a rule of law state. These may include questions about permissible self-defense during a physical attack, the possible support of the state in disputes, as well as the option of compensation as a helper or victim. It is important for those responsible or affected to know whether: 5 an behavior or observed situation is actually relevant to criminal law, 5 the helper may be criminally liable for his behavior, 5 the often burdensome way to court is the only option, 5 and to what extent there are protection options for victims and witnesses. This chapter is by no means an adequate replacement for a detailed and personal legal advice by an authorized body, as each case has specific features and must therefore be considered and evaluated individually. 7.2  Legal Basis for Liability

In the constitutionally enshrined rule of law in the Federal Republic of Germany, the state has the monopoly on violence. Thus, the state is the only institution with the claim to prosecute crimes and to impose penalties in accordance with the applicable laws. Regulations and laws on penal provisions, prosecution and procedural aspects are created by the legislature and exclusively enforced by the state. “vigilante justice” is generally punishable. The sources of German criminal law are not only to be found in the Criminal Code (StGB), but also, for example, in the Code of Criminal Procedure (StPO) or the Narcotics Act. The legislature differentiates between crimes (“[…] unlawful acts which are punishable by imprisonment for at least one year or more.”) and misdemeanors (“[…] unlawful acts which are punishable by imprisonment for less than one year or which are punishable by a fine.”) (§ 12 StGB). Not every offender is therefore automatically a criminal. Just as every offender does not face the same consequences depending on the fulfilled factual requirements.

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So children are not liable (§ 19 StGB) and therefore not punishable until they reach the age of 14. In practice, this means that the police will take the matter but there will be no prosecution of the crime. For adolescents (14–17 years, § 1 para. 2 JGG) and young adults (18–20 years, § 1 para. 2 JGG) the special provisions of the Juvenile Court Act (§ 10 StGB) apply. Despite the majority with 18 years (§ 2 BGB) young adults can be sentenced or punished according to juvenile law at the discretion of the court until they reach the age of 21. For this, the perpetrator must be of the same mental and moral maturity as a juvenile at the time of the offence (§ 105 para. 1 No. 1 JGG) or the offence must be that of a juvenile (§ 105 para. 1 No. 2 JGG). Relevant for the determination of which law applies is the time at which the offence was committed and not the time of the court proceedings. The opinion of the youth office (§ 52 SGB VIII) is used to assess the mental maturity. The fundamental difference between adult and juvenile criminal law lies in the consequences of the offence. With the application of juvenile criminal law, the state mainly pursues an educational goal. The juvenile should be “led on the right path” and hopefully never commit a crime again. So-called educational measures, such as social hours, are much more often the result of a juvenile court proceedings than the actual imposition of a prison sentence. 7.3  The Offence

The Federal Court of Justice evaluates the offense as a violation of rights and duties (BGH, 1952), the injustice of which is based on the one hand on the violation or endangerment of the object of protection, on the other hand on the type of action (Wessels et al., 2018a). When it comes to whether an offense has actually been committed, three requirements must be observed in principle. The elements of the respective offense must be met, the perpetrator must have acted unlawfully and with sufficient guilt. If one of these requirements is missing, for example because there is a justification such as self-defense, the punishment must be milder. 7.3.1  Types of Offenses

Offenses can be committed in various ways. Two of the most important differentiations are in the areas of intention of an offense and its perpetrator-related realization, i.e. what is the intention behind the action and what role did the acting person play exactly. 7.3.1.1  Intention & Negligence

The “why” of a crime can be divided into Intention and Negligence. As an inner driving force, intention and negligence are part of the subjective element. Because, in contrast to the concrete action (hitting with the fist in the face) or the result (injury in the facial area), the inner motivation cannot be judged from the outside. A legal definition of the term intention is sought in vain in the German Criminal Code. The e contrario (glossary) consideration of § 16 para. 1 cl. 1 StGB “Who-

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ever does not know a circumstance that belongs to the statutory offense when committing the offense does not act with intent.” suggests that at least the cognitive element must be part of the intention. According to the prevailing opinion in Germany, however, the voluntative (glossary) element is also part of the intention. Models for the definition widely recognized in legal scholarship are also provided by the Swiss and Austrian penal codes, so that, to put it cautiously, the intention is “knowledge and will of the realization of the statutory offense” (Rengier, 2018). More differentiated (Kühl, 2012): Intentionally, whoever knows the circumstances that justify the realization of the statutory offense and nevertheless acts willfully.

The intentional perpetrator knows exactly what he is doing and also wants to do exactly that. The negligent perpetrator, on the other hand, simply acts carelessly. However, negligence is when the care required in traffic is neglected. To this care he must be legally obliged and able within the framework of the concrete circumstances and his personal skills and knowledge (Rengier, 2018).

Negligent behavior is only punishable if the law expressly threatens it with punishment (§ 15 StGB). Within intention and negligence there are further gradations, the further explanation of which is superfluous here. 7.3.1.2  Perpetrator & Participation

A crime cannot only be committed by the immediate, directly acting perpetrator. German criminal law also provides for the indirect perpetration, co-perpetration as well as incitement and aid as punishable forms of perpetration and participation. Perpetration and participation are distinguished so that each contribution to the crime can be captured “according to its factual weight and its special moral reprehensibility” (Wessels et al., 2018a). The perpetrator is punished, who commits the crime himself (§ 25 para. 1 alt. 1 StGB) or through another (§ 25 para. 1 alt. 2 StGB). The indirect perpetration is characterized by the commission of the crime by a foreman—the agent—who acts as a human tool for the man behind. In this constellation, the man behind is superior to the agent in factual or legal terms and has the threads of the crime in his hand. If several commit the crime together, each is punished as a perpetrator (§ 25 para. 2 StGB). The co-perpetration is based on the principle of division of labor and the functional role distribution. Each participant is to be regarded as an equal partner (7 Accomplice). In contrast, the participant is the one who intentionally determines another to his intentionally committed unlawful act (§ 26 StGB: Abetting) or intentionally provides him with assistance for such an act (§ 27 StGB: Aiding)—be it physical or psychological.

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Accomplice

1. Three children beat up another child from school together. One only holds the victim, while the other two beat. 2. Two adolescents write insulting and defamatory online content. Only one adolescent writes and sends, the other is involved in the brainstorming for the formulations.

7.3.2  Relevant Offenses in Childhood and Adolescence

The following section deals in more detail with those offenses that can be relevant in the everyday life of a child, adolescent or young adult.

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7.3.2.1  Insulting Offenses

Defamation, insult and slander are terms that are often used synonymously in everyday language. In fact, these are different offenses that differ in nuances. These offenses are found in the German Criminal Code (StGB) in §§ 185–200. With the inclusion of such behavior in the StGB, our state protects human dignity. This term refers to the value that accrues to a person by virtue of his or her dignity and due to his or her moral and social behavior (Küper & Zopfs, 2018). The object of protection is not a often exaggerated subjective feeling of honor, but “the claim to respect for personality arising solely from the deserved value” (Wessels et al., 2018b). The importance of these offenses has increased enormously through the use of social media and the possibilities offered by the Internet (7 Chap. 8). The dissemination of images or sound recordings of of, for example, teachers does not necessarily always constitute an offense of insult, but violates their right to informational self-determination (7 Sect. 7.9) and can be fought with the assertion of a right to cease and desist. Slander  An assertion or rumor is spread that cannot be proven, for example, some-

one stole in the supermarket, cheated during a class test, or is addicted to drugs. To assert means to state a fact as true according to one’s own conviction (Fischer, 2019), while spreading represents the dissemination of an assertion of fact to third parties as an object of foreign knowledge or assertion (Lackner & Kühl, 2018). The assertion must violate the honor, so the dissemination of positive unprovable assertions is insignificant. The perpetrator must have known the untruth of the fact asserted or spread by him. Slander (§ 186 StGB) is the typical gossip offense—only what has been heard should be passed on or, for example, spread via a messenger service, so it should be avoided. Defamation  Defamation (§ 187 StGB) represents an escalation of slander. Some-

thing is deliberately untrue and the assertion can be refuted. The perpetrator must act against better knowledge, that is, he must certainly know the untruth of the thing asserted or spread. Again, the more public, the more consequential.

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Insult  Insult (§ 185 StGB) is a simple violation of honor in the form of disclosure of contempt, disregard or disrespect (Regge & Pegel, 2017). This in turn can happen as follows: 5 Opinions or value judgments, whether expressed to the injured party or to a third party (“teacher’s pack with too much free time”); 5 symbolic actions (show the middle finger) or insulting treatment (request to “keep to the edge” in a class conference); 5 Imposition of criminal or immoral acts that do not correspond to the facts (“You broke my backpack”); 5 so-called formal insults (“You asshole”); 5 insulting acts of violence (slap, spit), as a qualified form of insult.

§ 185 StGB is to be seen as a catch-all provision for all violations of honor that are not covered by the other insult offenses. The insult is basically a crime on request (7 Sect. 7.10.1). 7.3.2.2  Property Damage

In order to meet the requirements of the Property damage (§ 303, para. 1 StGB), a foreign object must be damaged or destroyed. According to § 90 of the German Civil Code (BGB), an object is any physical object (Küper & Zopfs, 2018); this also includes animals. The object must also be foreign, that is, at least in the property of another person than the perpetrator. Damage is any not quite insignificant effect on the object, by which the usability for its purposes is reduced (functional impairment). However, an object is destroyed if its intended usability is completely and permanently abolished (Küper & Zopfs, 2018). Like property damage, “graffiti” cases are also punished: “Whoever, without authorization, changes the appearance of a foreign object not only insignificantly and not only temporarily” (§ 303, para. 2 StGB). 7.3.2.3  Crimes Against Physical Integrity

The provisions of §§ 223 et seq. StGB protect the physical integrity of a person as well as his physical and mental well-being. Purely mental impairments are only covered in qualified forms of bodily injury (§ 225 StGB: mistreatment of persons under guardianship). Assault & Its Qualifications  The basic offense of assault is simple intentional as-

sault. Another person must have been physically abused or harmed in their health (7 (Simple) Assault (§ 223 para. 1 StGB)). The health damage is the causing or worsening of a pathological condition that deviates disadvantageously from the normal state of physical functions (BGH, 1989), while physical abuse is characterized by any inappropriate, vile treatment that significantly impairs the physical well-being or health of a person (RG, 1894).

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(Simple) Assault (§ 223 para. 1 StGB)

1. In a fight, one of the participants is hit in the face with a fist so that he gets a black eye. This is both a health damage and a physical abuse. 2. During the break, a child is pushed against the table tennis table on the school yard and sustains a slight bruise. Here there is a health damage.

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Simple assault can also be committed as a negligence offense (§ 229 StGB). These basic offenses are generally only prosecuted upon request (7 Sect. 7.10.1). Not to be committed negligently and often confused are the qualifying offenses: grievous bodily harm (§ 224 para. 1 StGB) and aggravated assault (§ 226 para.1 StGB). § 224 StGB is based on the dangerousness of the manner of commission (BGH, 1964). Various possibilities are listed there which make the commission of the offence more dangerous than simple bodily injury. If the offence is committed, for example, with a weapon or another dangerous tool, by means of a treacherous attack, jointly with another participant or by means of a life-threatening treatment perpetrated (7 Dangerous Bodily Injury (§ 224 para. 1 StGB)), this is a case of such a qualified offence. A dangerous tool is any movable object which can be set in motion by human power against a human body in order to injure it (Fischer, 2019). An attack is any sudden, unexpected attack on an unsuspecting person (RG, 1930). The attack is treacherous if the perpetrator deliberately conceals his true intention in a planned and calculating manner in order to make it more difficult for the victim to defend himself (BGH, 1989). The bodily injury is committed jointly if at least two persons are actively and unanimously involved at the scene of the crime. The bodily injury was committed by means of a life-threatening treatment if the injury was concretely and objectively capable of endangering the victim’s life (BGH, 1989).

Dangerous Bodily Harm (§ 224 StGB)

1. In a fight on the school playground, one of the participants picks up a sharp stick lying around and stabs it into the upper body of his opponent. The stick meets the qualifying criterion of a dangerous tool. 2. A group of three students hides behind the gymnasium in order to ambush a classmate on his way home and “teach him a lesson.” This is a treacherous attack that was carried out jointly with another participant. 3. For a senior prank, the staircase connecting the school building and the school playground is prepared with soap. A teacher slips, falls, and breaks his tailbone. This is a life-threatening treatment; the teacher could also have sustained fatal injuries to his cervical spine or head.

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The offence of grievous bodily harm (7 Grievous Bodily Harm (§ 226 para. 1 StGB)) covers the severity of the result of the offence in several alternatives, such as paralysis, loss of a limb, loss of sight or loss of reproductive capacity. Grievous Bodily Harm (§ 226 StGB)

1. The fall on the staircase prepared with soap (see above) leads to an injury to the cervical spine and subsequently to a paralysis. 2. During a scuffle, a teenager is pushed onto the tracks of an approaching tram. The tram driver is unable to brake. The victim is run over and loses a leg.

Participation in a Fight  The law punishes participation in a fight (§ 231 para. 1 StGB) as an abstract endangerment crime (Wessels et al., 2018a), if during the fight a person dies or suffers a serious bodily injury (§ 226 StGB). This is justified by the fact that physical confrontations between more than two people often have serious consequences and are therefore generally dangerous. A person who is present at the scene of the crime and takes part in the activities directed against others through physical or psychological involvement is a perpetrator (§ 231 StGB). “Hitting” is not required, it is sufficient to actively participate in the course of the confrontation (inciting, preventing assistance).

7.3.2.4  Coercion

With § 240 para. 1, 2 StGB, the legislature protects the freedom of the will and the will from attacks that are committed by threatening with a painful evil or with violence (BVerfG, 1973). Coercion means forcing the person concerned to behave in a way that is contrary to his will (acting, tolerating or omitting) (Altvater, 2015). Violence within the meaning of the law is a physically effective coercion which, according to its purpose, intensity and mode of operation, is intended and suitable for nullifying or impairing the freedom of the will and the will of another (BGH, 1995). The threat of a painful evil (Coercion) is also suitable for coercion. The threat is the prospect of a future evil directed at intimidating the victim, on which the threatening person claims to have influence (Küper & Zopfs, 2018). Evil is any disadvantage or loss. The evil is sensitive if it is associated with a significant loss in value and, according to an objective assessment taking into account the personal circumstances of the person concerned, is suitable for determining a reasonable person to the desired behaviour with the threat (Küper & Zopfs, 2018).

Coercion

After class, two students remain in the classroom. One threatens the other with violence if he does not copy his homework for the next day.

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7.3.2.5  Threat § 241 StGB 1. Whoever threatens a person with the commission of a crime against him or a person close to him, shall be punished with imprisonment for up to one year or with a fine. 2. Likewise, whoever, contrary to better knowledge, pretends to a person that the realization of a crime against him or a person close to him is imminent, shall be punished.

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Whoever, with the convincing appearance of seriousness (2019), threatens his counterpart or a person close to him, such as the family or close friends, with a crime (7 Sect. 7.2), commits a punishable offense. The threat (Threat) can also be designed such that the crime depends on the future occurrence or non-occurrence of another aspect (BGH, 2015). Threat

On the school yard, a female student threatens a male classmate: “I’ll kill you if you don’t bring me your allowance tomorrow.”

Threats of greater magnitude, such as the false announcement of an amok run in social networks or a call to the school secretariat with the information that there is a bomb in the building, are covered by § 126 StGB (disturbance of the public peace by announcement of criminal offenses) and are subject to a heavier punishment. 7.3.2.6  Property and Asset Crimes

The following crimes concern the property of individual persons and individual assets. Theft and robbery protect property as appropriation crimes, while the act of extortion protects the asset of property. Theft  Theft means that the custody of a movable object is broken in the intention

to appropriate it or to appropriate it to a third party (7 Theft (§ 242 para. 1 StGB)). Theft (§ 242 para. 1 StGB)

During recess, a female student goes back to the classroom and takes the wallet of her seat neighbor out of his school bag.

Robbery  The Robbery is nothing else but a theft, to which a qualified coercion

goes to facilitate the removal. The coercion is qualified because the violence is carried out directly against a person or the threat must be accompanied by a present danger to life or limb (7 Robbery (§ 249 para. 1 StGB)). There is thus a significant difference between the thief and the robber.

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Robbery (§ 249 para. 1 StGB)

On the way home from swimming practice, a child is pushed off his bike and beaten so that the attacker can take the child’s backpack away.

Extortion  The Extortion (7 Extortion (§ 253 para. 1, 2 StGB)) combines the act of coercion with a resulting financial loss for the person coerced or a third party. Blackmail (§ 253 para. 1, 2 StGB)

At lunchtime, a female student is stopped on her way to the canteen. Another girl threatens to beat her up if she doesn’t give her her lunch money.

7.3.2.7  Sexual Offenses

The §§ 174 et seq. StGB protect sexual self-determination. In the sense of criminal law, this means the “freedom from” to be “degraded to the object of sexual abuse” (Renzikowski, 2017). Every sexual act requires the consent of the sexual partner. Where there is no consent, the sexual act cannot be without penalty; therefore, sexual acts with children are unacceptable and punishable due to the power disparity (glossary) between adults and children. Because children are neither aware of their situation nor able to say “no” in a sexual relationship with adults (Finkelhor, 1979). For the definition of terms, § 184h StGB stipulates the following: § 184h StGB For the purposes of this Act, 1. sexual acts only those which, in view of the protected right in each case, are of some importance, 2. sexual acts in front of another person only those which are carried out in front of another person who perceives the process. The sexual act on another person requires a touch of the body (such as when undressing) (BGH, 1992). There does not have to be skin contact, nor does the perpetrator’s body have to be brought into contact with the victim’s body; the contact with objects is sufficient. The required importance stipulated in No. 1 presupposes the existence of a sexual contact (Hörnle, 2017). In socially customary hugs, for example, this is not the case. In addition to such insignificant touches, mere tastelessness (such as pinching a relative’s cheek) is to be excluded from liability in this way. Sexual Abuse of Minors  The act of sexual abuse of minors (§ 174 StGB) falls under

criminal juvenile protection (14–17 years). The specific object of protection is the sexual self-determination of young people in the context of certain dependency re-

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lationships, in which they are considerably impaired by the psycho-social power imbalance vis-à-vis the perpetrator (Fischer, 2019). The criminal protection diverges depending on the age and degree of dependence of the victim on the perpetrator. The para. 1 to 3 distinguish between offensive actions with bodily contact, sexual offenses in the relationship between teachers and students, and offenses without bodily contact.

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Sexual Abuse of Children/Adolescents  The sexual self-determination and development of children is protected by § 176 StGB. The legislator assumes that children are not able to make responsible decisions about their sexual lives (Renzikowski, 2017); they therefore also have no capacity to dispose of this right. The offense of § 176 StGB includes various modes of commission. So para. 1 punishes the commission of sexual acts on the child and vice versa. Para. 2 punishes the commission of these acts by or on third parties by the child. In para. 4, No. 3, among other things, the modern phenomenon of Cyber Groomings (7 Chap. 1) is penalized (glossary). Para. 5 also punishes the offering of children for one of the offenses described above. § 182 StGB in turn protects the sexual self-determination and development of adolescents (14–17 years). Sexual Assault, Sexual Harassment, Rape  The provisions of the § 177 StGB primarily

describe various degrees of interference with sexual integrity. Sexual self-determination is valued by the comprehensive protection of the norm as a partial aspect of human dignity (BT-Drs. 18/9097, 2016). Thus, every person—regardless of age—is protected by this paragraph. Para. 1 provides comprehensive protection against involuntary sexual contacts in the sense of the absolute commandment “No means no” (Bezjak, 2016). In Para. 2, various situations are additionally covered in which the victim cannot or can only restrictedly dispose of his sexual contacts or in which there is an impossibility with regard to the expression of his rejection. With Para. 5, cases of sexual coercion are covered. Rape is not an actual criminal offense, but only an aggravating circumstance ( § 177 para. 6 StGB). In addition to involuntary sexual intercourse, rape describes the commission of sexual acts which are associated with an intrusion into the body as well as other particularly degrading sexual contacts (Eisele, 2019). A sexual contact is particularly degrading if, by the action, the perpetrator expresses the disrespect of the victim’s human dignity and the degradation to a mere object in a special way (BT-Drs. 13/7324, 1997). The person who commits rape is liable to a prison sentence of not less than two years. Acts of exhibitionsm  Politically highly debated and constitutionally problematic, §

183 StGB only punishes men who harass others through exhibitionist actions. Exhibitionist acts when he exposes his non-necessarily erected member in front of another person and thereby wants to become sexually aroused (Hörnle, 2017). This person must feel harassed by the action, any not quite insignificant negative feeling is sufficient, such as shock, fear, disgust, revulsion, annoyance, but also the feeling of being offended in the sense of shame (Fischer, 2019). Since “exhibitionism” by women cannot currently be prosecuted under § 183 StGB, such actions are covered by § 183a StGB (arousal of public annoyance).

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Dissemination, procurement and possession of child / youth pornography  Of course, texts are not the only writings, but they are also correspond to sound and image carriers, data storage, images and other representations according to § 11 para. 3 StGB. In addition to the protection of sexual self-determination, the protection of the performer, the prevention of further impairments by perpetuation (glossary) of the distribution process and the confrontation with the risk of imitation are in the foreground (Renzikowski, 2017). Sexual Harassment  This offense (§ 184i StGB) protects sexual self-determination in

the context of impairment by any unwanted sexually connotated (glossary) behavior. This does not have to reach the above-mentioned threshold of materiality. However, the physical contact between the perpetrator and the victim is required. The bodily contact must have a sexual connotation in its external appearance (Bezjak, 2016). In addition, the victim must be bothered by it. Harassment is characterized by the disregard of the sexual self-determination of the affected person (Renzikowski, 2017). > The boundaries between the individual offenses are not always clear and especially a boundary “downwards” is not clearly defined. As soon as a funny feeling arises in a situation, children and adolescents should be encouraged to seek help and confidants, as a criminal prosecution of the event may be relevant.

7.3.2.8  “Right of correction” of the Persons Entitled to Education

§ 1631 para. 2 BGB Children have a right to non-violent education. Physical punishments, mental injuries and other degrading measures are not permitted. Children and adolescents are not only protected by the German Criminal Code from the dangers that threaten them in the family. As laid down in Article 19 of the UN Convention on the Rights of the Child, civil law also stipulates that any form of “right of correction” of the persons entitled to education is not permitted. Physical educational measures such as the “slap on the bottom” are punishable, as manifested in the German Criminal Code. 7.4  Guarantors & Omissions 7.4.1  The Omission Offense

Crimes can not only be committed by active doing, but also by an omission (§ 13 StGB). Omission offenses can be divided into equivalent and non-equivalent. For the equivalent offenses, § 13 Abs. 1 StGB determines the central and special requirement of the guarantor. Who is not legally liable for the factual result does not occur—and is not liable—is not punishable. The guarantor must have had the physical-real possibility to act and thus help. Furthermore, the normal behavior must have been reasonable: a non-swimmer can not be legally obliged to save a drowning person; but he can very well make an emergency call.

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In contrast, the non-equivalent offenses, each of which can play a central role in the life of each individual. The law provides the regulatory norm and the omitted behavior is a violation of the commandment. In addition to the omitted assistance (§ 323c para. 1 StGB) (7 Omission of Assistance) is the § 138 StGB, which the non-disclosure of planned offenses (listed in § 138 StGB) (7 Non-disclosure of Planned Offenses). It is important that it is not about the non-disclosure of any planned offenses, but the robbery mentioned here is the lower limit in the severity of the offenses. Nobody has to make a planned candy theft known to the law enforcement authorities—even if that does not make the theft less reprehensible. Omission of Assistance

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A cyclist falls and is injured on a country road. A few minutes later, a walker comes by, sees the cyclist who has fallen and walks on, even though he has a mobile phone with him, with which he could at least call the rescue service.

Failure to Report Planned Crimes

Several young people meet after school. One of them credibly informs the others that he intends to rob a female classmate the next day, threatening her with violence. None of the bystanders informs the police.

7.4.2  The Guarantor Position

A guarantor is who is legally liable for the “result” does not occur. Categorized into two groups of guarantors: the protector guarantors and the monitoring guarantors. The protector guarantor is subject to special duties of care for a certain legal asset that he must protect against all or certain external dangers. He can be imagined as a “human shield”. The foundations for such protector guarantors can be found in the most diverse areas of life: 5 family ties: parents (including adoptive and foster parents)—child, spouses (§ 1353 para. 1 cl. 1, 2 BGB), grandparents—grandchildren, siblings (obligation to render assistance) and other relatives of the same line ( § 1589 cl. 1 BGB) as long as they live in a domestic family community, 5 close personal life: a special proximity relationship comparable to family ties, 5 communities of danger: e.g. the mountaineering group; they have come together and tacitly promised each other to avert dangers from each other, 5 contractual/actual assumption: Babysitter, educator, treating physician, trainer, club chairman, 5 public officials: police, teaching staff (must at least protect against attacks on life and limb and sexual self-determination; 7 Teachers and Guarantor Obligations (BGH, 2019)), school management, employees of the youth office.

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Teacher and Guarantor Obligations

In physical education, a student collapses and stops breathing. The PE teacher calls for an ambulance. Afterwards, she puts the student in the recovery position, no further resuscitation activities (CPR) take place. After eight minutes, the ambulance team arrives and begins resuscitation. The student survives with a brain injury and has since been classified as 100% severely disabled. The Federal Court of Justice ruled that “the public duties of [sports] teachers certainly also include protecting the health of their students” and that “carrying out the duties assumed by [sports] teachers also includes the first aid measures required in an emergency” (BGH, 2019).

The surveillance guarantor is subject to special security obligations with regard to certain sources of danger. For example, from: 5 the responsibility for things as sources of danger: vehicle owner, animal owner, organizer, property owner, 5 the responsibility for persons as sources of danger: penal institution, driving instructor; 5 a position of guarantee due to Ingerenz (glossary), 5 the placing on the market of products. The position of guarantee not only extends to the protection of, for example, pupils, but the guarantor is also responsible for ensuring that the pupils themselves do not pose a danger, for example through vandalism. 7.4.3  § 323c para. 1 StGB: Failure to Render Assistance

In the event of accidents and common danger or distress, everyone is obliged to render the aid required and reasonable for him in order to avoid significant (further) damage (7 Chap. 13). The accident is defined as any (sudden) event that causes the immediate danger of significant (further) damage to other people or foreign objects of significant value (BGH, 1952). Common danger or general distress include, for example, fires. The criminal liability for the omission of aid is based on the principle of human solidarity and the expectation of a certain minimum level of helpfulness as part of the community (Frisch, 2016). The object of protection of § 323c para. 1 StGB are the individual property rights of the affected person, which are threatened by the accident, common danger or distress (Seelmann, 1995). The omission of aid is already punishable. The elements of necessity and feasibility are relevant for the scope of the obligation to provide assistance. For example, assistance is not required if the person concerned can help themselves, if they have already been helped, if they have already died or if, in the opinion of a reasonable observer, any action would be pointless (BGH, 1984). In principle, no one can be obliged to do something they are not capable of; the limits of one’s own performance are therefore decisive for feasibility.

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Within these limits, however, the person obliged to provide assistance must help immediately and in the most effective way (BGH, 1969). If there is a special relationship to the person in need, the obligation to provide assistance increases. > Crimes can also be committed by omission, that is, by “doing nothing”. In particular, the failure to provide assistance is punishable if it would have been feasible for the potential helper to provide assistance (and however small it may be).

7.5  Self-defence & First Aid

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The legal institution of self-defense or first aid is a justification. If their requirements are met, the unlawfulness is eliminated and, despite the existence of the facts, the perpetrator is not punishable. A person acts in self-defense when he or she defends against an unlawful, present attack. First aid is then mentioned when this attack is defended by another person. 7.5.1  Key Ideas

The right of self-defense, anchored in § 32 StGB, is based on two pillars. On the one hand, on the individual protection of rights: No one has to accept the violation of his or her rights by an attacker. However, this protection principle is limited to individual rights, such as life, physical integrity, property or the right to one’s own home. The second pillar embodies the general and social legal idea of the rule of law: The person exercising self-defense acts for the existence of the legal order, the right must not give way to injustice. Therefore also the principle: Flight is not a milder means, because otherwise everyone would have to try to run away first in every attack. 7.5.2  Self-defence § 32 StGB 1. Whoever commits an act that is justified by self-defense does not act unlawfully. 2. Self-defense is the defense that is necessary to avert a present, unlawful attack by oneself or another.

A prerequisite for the exercise of self-defence or emergency aid is the existence of a present, unlawful attack. An attack is any threat of injury to legally protected goods or interests by human behavior. Attacks can only come from humans. If, for example, a dog is about to bite, there are other legal grounds for self-defense (7 Sect. 7.6). Only individual property rights are defensible. The attack must be present. Present attacks are about to happen (e.g. swinging to hit), have just begun (first shove has occurred), or are still going on. They generally last as long as the attacker is still on the scene.

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Furthermore, the attack must meet the aspect of unlawfulness. This is the case if it is objectively in conflict with the legal order, at least if the attack behavior fulfills a criminal offense. Prior consent, such as voluntary participation in a scuffle or boxing match, takes away the character of a defensible attack. An emergency situation is not given if the person attacked, despite the self-defense situation and available options, does not want to defend himself against the attack. 7.5.3  Self-defence/Emergency Aid

The act of self-defense or emergency aid may only be carried out against the attacker. The person coming to the aid of another may not interfere with the legal rights of the person being attacked. The right of self-defense is a sharp right, which means that nobody has to resort to insecure means of defense and that the means used should generally serve the immediate termination of the attack and the final elimination of the danger. However, the action must comply with the principle of proportionality. For this purpose, a legitimate purpose must first exist. This consists in the situation of self-defense. The means used (the action) must be able to end the attack immediately and safely. However, the means must also be necessary. This means that the mildest means must be chosen from among equally suitable ones. Finally, the action must also be required. The requirement is not met if there are social ethical restrictions, such as: 5 a gross disparity (7 The Screwdriver) between purpose and action; 5 the attack of an innocent party; – here the 3-step theory applies: 1. Avoidance 2. Defensive protection 3. Retaliatory protection under the maxim of sparing 5 the previous self-defense provocation. – if this is done intentionally, self-defense is excluded – if it is otherwise blameworthy, the 3-step theory applies A familial relationship is not a social ethical restriction. Of course, self-defense and emergency aid may also be used against family members. The Screwdriver

In a workshop class, a 15-year-old teenager pushes a classmate through the classroom, so that he bumps his leg slightly against a table. The classmate ramming a screwdriver into the stomach of the juvenile offender, who is seriously injured.

In the case study, the classmate is in a situation of self-defense. His bodily integrity is unlawfully and currently being attacked, the attack is still ongoing. The question is whether the self-defense action is also required. The defense of his physical integrity is a legitimate purpose. The screwdriver stabbing is also suitable to immediately

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and safely stop the attack. Under actually equally suitable means, the stabbing is definitely not the mildest, so the self-defense entitlement fails already on the level of necessity. At the latest in the context of the duty, however, a drastic imbalance between purpose and action would also exist. > In the context of self-defense it applies: The right does not have to give way to the wrong, flight is not a milder means. The self-defense action may and should serve the immediate and safe termination of the attack. Current and unlawful attacks must not be tolerated by anyone, not even by family members.

7.5.4  Excessive self-defence § 33 StGB

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If the perpetrator exceeds the limits of self-defense out of confusion, fear or fright, he will not be punished.

The excessive self-defence is a justification. If its conditions are met, the court may acquit despite lack of justification due to insufficient guilt. Two basic ideas underlie the institution of the excessive self-defence: On the one hand, the existing injustice is to be reduced, because despite the lack of necessity or duty of the action, a situation of self-defense exists. On the other hand, the excessively self-defense person is positively assumed to be the difficulty of a normal will formation due to the affect attributable to human weakness. 7.6  Criminal Law Emergencies 7.6.1  Necessity as justification § 34 StGB 1. Whoever commits an act in a present, not others avertable danger to life, body, freedom, honor, property or another legal interest in order to avert the danger from himself or another, does not act unlawfully if, in weighing the conflicting interests, in particular the affected legal interests and the degree of danger threatening them, the protected interest significantly outweighs the impaired one. 2. However, this only applies if the act is an appropriate means of averting the danger.

This justification serves as a catch-all provision. The necessity as justification does not only refer to the “abstract ranking” (Rengier, 2018) of the conflicting legal interests (7 Sect. 7.5), but in addition all conflicting legitimate interests are integrated into the weighing. Parallel to self-defense, there is also emergency assistance (“by … another”). The emergency situation exists in a present danger to any legal interest or protected interest. In contrast to self-defense, this also includes legal interests of the general public. A danger is a state in which, due to actual circumstances, the proba-

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bility of damage occurring is likely to occur if the situation develops naturally. The present is then when, according to the objective assessment of a knowledgeable observer, the probability has become so dense that, if the situation develops naturally, the occurrence of damage is certain or highly likely. The emergency measure is initially the intervention in another legal asset by the committed act. The danger may “not be avertable in any other way”, that is, it must be necessary in terms of execution for self-defense. In the context of the interests weighing, the protected must significantly outweigh the impaired interest (7 Driving Home After the Party). According to para. 2, the act must be a suitable means of averting the danger. This is especially not the case if the intervention would violate human dignity, inviolable freedom rights or fundamental principles of the rule of law. Driving Home After the Party

An 18-year-old student wants to drive home visibly drunk after a party. Since she cannot be dissuaded from this, her friend forcibly takes the car key from her. This results in lacerations on the student’s hand.

7.6.2  Necessity as defence § 35 para. 1 cl. 1 StGB Whoever commits an unlawful act in an present, not avertable danger to life, limb or freedom, in order to avert the danger from himself, a relative or another person close to him, acts without guilt.

This provision exempts from liability in the area of culpability ​​ of the act by an immense reduction of the injustice and guilt of the act, the lower limit of punitiveness is no longer reached. The excuse of emergency intervenes in such constellations in which the perpetrator can not reasonably behave in accordance with the norm due to an extraordinary psychological compulsion. The protected legal interests are handled much more restrictively here than in the case of the justifying emergency. Only a danger to life, limb (7 Booze or Slaps) or freedom—which only relates to oneself, a relative or another person close to him (life partner, etc.)—may be classified as an emergency situation. The emergency measure must be ultima ratio, that is, the only and last resort.

 Booze or Slaps

The alcoholic parents of a 15-year-old student repeatedly threaten him with brutal beatings with a belt if he does not steal a bottle of booze from the next kiosk. He does not know how to help himself other than to steal because the threat is always carried out in practice if he does not comply.

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7.7  Self-help

The so-called self-help is regulated by civil law in the §§ 229, 230 BGB. Once again, the existence of a self-help situation is the top priority for the application of this law. This consists in a due and unobjectionable civil claim for which no timely official assistance is possible and the realization of the claim is at risk. Detailed explanations of civil terms are dispensed with at this point. In typical cases, however, the claim relates to the return of a removed thing or a money claim. In particular, the removal of a thing or the arrest of the fugitive suspect (7 At the Movies; In School) is to be based. The action must be necessary (section 7.5.3). At the Movies; In School

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1. At the movies, an employee observes how a teenager slits a seat open with a knife after the show. Before the teenager can leave the cinema, the employee holds him back because the police have not arrived yet. 2. Teenagers from a secondary school opposite a primary school have fun running through the corridors of the primary school screaming and banging on the doors during the asynchronous breaks. A teacher holds one of the students back until the headmaster of the secondary school has arrived to identify the student.

7.8  Civil Law Emergencies

There are also emergency situations in the form of §§ 228 BGB (defensive emergency) and 904 BGB (aggressive emergency). In the situation of § 228 BGB, the emergency actor defends himself or another against dangers posed by things. This provision thus closes the regulatory gap left by § 32 StGB with the requirement of a human attack and is therefore also referred to as “objective self-defense”. It should be noted that the damage to the dangerous thing must not be out of proportion to the impending danger. § 904 BGB justifies the interference with foreign property in order to combat an imminent danger. The impending damage must be disproportionate to the damage caused to the foreign property (cf. essential predominance 7 Sect. 7.6.1). The counterattack in the direction of an impending dog bite (7 The Dog Bite) can be justified in this way. The Dog Bite

1. While walking in the forest, a dog suddenly runs towards a group of children. The owner is nowhere to be seen. The dog barks loudly, growls and approaches them more and more. Before he can snap at them, they throw stones at the dog. (Defensive emergency) 2. The same situation occurs with another dog. To keep him at a distance, a child hits the dog with the walking stick of an elderly man sitting on a bench. The stick breaks in the process. (Aggressive emergency)

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7.9  Right to One’s Own Image and One’s Own Word

With the increasing use of social media and the constant availability of technical devices for film and image recordings grows also the problem of recordings made at any time and anywhere. The Copyright Act (KUG) is only relevant if there is a publication or dissemination of the recordings by press or private persons is to be expected and it is not about portrait recordings. Under image in the sense of the KUG is to be understood not only a photograph or film recording, but every recognizable reproduction of a person, including drawings, caricatures or photomontages. Artistic depictions are protected by both the KUG and Art. 5 para. 3 GG (freedom of art). The consent of the depicted person is required for publication (§ 22 KUG) or this is dispensable (§ 23 KUG; mostly does not apply to portrait recordings). The consent is required if the person depicted is individually recognizable. § 201a StGB (Violation of the most personal sphere of life by image recordings) plays a subordinate role in this context. This is unlikely to apply under normal circumstances in a professional context, but is quite common in school or in a club; conceivable are recordings in the toilet or shower area. The catch-all provision is § 823 BGB, liability for damages due to an unlawful act, which also includes the right to one’s own image under other rights. This provision does not apply until portrait shots and cannot be used for overview shots. The resulting claims are hardly enforceable: 5 Claim for return (§§ 1004 para. 1 cl. 2, 823 para. 1, 249 para. 1 BGB), 5 Destruction claim (§§ 37, 38 KUG). However, secret recordings generally violate personality rights (LG Bonn, 2015). Not quite as popular, but just as criminally protected, is the unspoken word (§ 201 StGB). Anyone who records this or uses or disseminates such a recording can be punished with up to three years’ imprisonment. These include pupils who record the teacher during the lesson or parents who record a conversation with teachers about the secondary school. 7.10  Legal Options After the Crime

What legal steps can be taken as a victim after a crime? 7.10.1  Criminal Complaint & Criminal Application

The first step in initiating an investigation is to make a criminal complaint to the police. This can be done on site or via the “Online Watch” on the Internet. It can be made orally or in writing and must be accepted by the law enforcement authorities. Complaints can also be made directly to the prosecutor’s office.

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The complaint initiates the investigation, for which the competent prosecutor’s office is responsible from this point on. The person making the complaint receives the status of witness. A criminal complaint cannot be withdrawn—in contrast to the Criminal Application Strafantrag. The Criminal Application (§ 77 StGB) is a prerequisite for the admissibility of criminal prosecution. It is an explicit written declaration that criminal prosecution is desired. Thus, there is the limited possibility for the person or institution making the Criminal Application to dispose of the progress of the investigation. The Criminal Application is not applicable to every offense or prerequisite for prosecution, but only applies to certain simpler offenses such as simple assault or defamation as specified by law. The Criminal Code distinguishes between relative and absolute offenses that require a Criminal Application. Absolute offenses are actually only prosecuted on request. In the case of relative offenses, the prosecutor may deviate from the wishes of the person concerned and also investigate ex officio if this is required by special public interest. This public interest exists, for example, “if the perpetrator [of the assault] has a previous conviction, has acted crudely or particularly negligently or for racist, xenophobic or other inhuman reasons, has caused a significant injury or the victim cannot be expected to file a complaint because of his personal relationship to the perpetrator [… ]” (§ 234 RiStBV). In the context of defamation offenses, such an interest exists if it is accompanied by a significant infringement of honor. The Criminal Application must be filed within a period of three months after the person concerned has learned of the offense and can be withdrawn at any time. Criminal Application may be excepted from certain succession rules and may only be filed by the injured party or, in the case of officials, by their superior. Supervisors are those who are responsible for administrative decisions on the personal affairs of the officials subordinate to them. Superiors are those who can give officials instructions for their official activity. The Supervisor is usually the one who also has the disciplinary authority. In the case of teachers, for example, the head of the school department and not the school principal. 7.10.2  Legal Aid

Consulting a legal aid is not mandatory. However, it is advisable because an attorney, as an organ of the administration of justice, can usually better assert the rights for the person concerned. The legal aid may be present at any interrogation, has a right to Inspection of the file, can make requests for evidence in the proceedings, take own investigations to clarify the events and, of course, is advisory. The costs for legal assistance must be borne by the person concerned in principle. If the accused is convicted, this person must bear the costs if he is able to do so. Otherwise, it is possible to apply for Legal Aid under certain conditions. Especially if the remuneration of the legal aid is not possible due to a low income or the interests of the person concerned can not be sufficiently represented by himself or this is not reasonable for him. In case of urgency or particularly serious crimes, the court may order an attorney immediately upon request. There are special regulations for victims of crimes (7 Chap. 8).

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7.10.3  Adhesion Procedure

The injured person can assert damages or pain and suffering claims within the criminal proceedings against the accused if the latter was at least 18 years old at the time of the offense (§§ 403, 472a StPO). For this purpose, an application is necessary. 7.10.4  Private Prosecution

If the public prosecutor’s office rejects the prosecution of a crime due to lack of public interest and refers to the private prosecution, private prosecution (§ 374 StPO) can be brought under certain conditions. For example, the offenses of defamation or simple (§ 223 StGB) and negligent bodily harm (§ 229 StGB) fall under possible charges of private prosecution. The perpetrator must have been at least 18 years old at the time of the offense. In the context of private prosecution, the plaintiff basically takes over the tasks of the public prosecutor. He sues, can investigate, make evidence requests and has a right to question witnesses. Those entitled to private prosecution are injured persons or persons authorized in their place. 7.11  Consequences 7.11.1  Imprisonment & Fine

As a rule, the imposition of a penalty is associated with a criminal conviction, by which the offender is disadvantaged. In German criminal law, imprisonment and fines are provided for this purpose. The prison sentence is always timely with one exception. Fines are imposed in daily rates according to the personal and economic circumstances of the convicted person. The penalty must be proportional to the guilt (§ 46 para. 1 cl. 1 StGB). For example, a prison sentence of no more than one year can be suspended under certain conditions (§ 56 para. 1 StGB). The penalty thus also serves, inter alia, the rehabilitation interest and the reintegration into society. The sentence and the penalty are entered in the Federal Central Register (glossary); penalties under the Youth Criminal Law in the Educational Register (glossary). 7.11.2  Pain and Suffering & Damages

Consequences such as pain and suffering and damages are basically regulated in civil procedure, which is responsible for the legal relations between citizens. In civil procedure, there is no public prosecutor; the claims are asserted by oneself or with the help of an attorney. Even potential evidence must be provided by oneself. The claim for pain and suffering (§ 253 para. 2 BGB) can be asserted for the “satisfaction” or the compensation for a non-material damage. § 823 BGB results in a delictual, civilly enforceable claim for damages. Such claims can also be asserted in the context of an adhesion procedure (7 Sect. 7.10.2) in criminal procedure—but only if timely application is made. If this application is not made, civil procedure represents the fallback level.

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Alternatively, a restitution agreement (as a precursor to the TOA (7 Sect. 7.12.1)) can be obtained directly in criminal procedure—if requested and ultimately accepted by both parties. In this case, an agreement on damages or pain and suffering is reached before the criminal court and is enforceable as a civil title. 7.12  Victim Protection/Victim Rights

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Victim protection and the associated rights for victims have been increased in recent years and are reflected in the provisions of the Code of Criminal Procedure, the Victim Protection Act, the Domestic Violence Act and the Victim Compensation Act. The following rights and protection instruments can be used by victims: 5 § 77 StGB allows for the withdrawal of a criminal complaint. This allows the victim to decide for themselves whether they wish to subject themselves to a possibly incriminating situation. 5 Within the proceedings, the injured party may have special rights of information available to them through their lawyer (right to access files, information on the status of the proceedings). 5 The injured party may make use of the services of an attorney as an advocate (§§ 406et seq. StPO). 5 It is possible for the accused to be accompanied by a general advocate during the trial, e.g. by relatives or a friend. 5 During the trial, the victim may make use of a psychosocial trial accompaniment (7 Chap. 8) (§ 406g StPO). This may be present during interrogations and the main trial. 5 In the main trial, the right to question is limited for the protection of personality (§ 68a StPO); the witness’s place of residence may be kept secret; under the conditions of § 247 cl. 2 StPO, the accused may be removed from the courtroom during the interrogation. 5 If the conditions of §§ 171b, 172 GVG are met (e.g. trial for crimes against sexual self-determination or interrogation of a person under 18 years of age), the public may be excluded from the trial. If sexual offenses are the subject of the proceedings, the psychological stress on the victim is often even greater. In order to avoid this during the main trial by means of a re-interrogation, the principle of immediacy of the interrogation is broken (§ 255a sec. 1 sec. 1 StPO). This means that, in the case of minor victims, the interrogation in the trial may be replaced by the presentation of an audio-visual recording of the previous judicial interrogation. 7.12.1  Subsidiary Complaint

The injured person can join the public prosecution in the form of the Subsidiary Complaint (§§ 395 et seq. StPO)—for example, in most sexual and bodily injury offenses. This right is severely restricted in juvenile proceedings. The subsidiary plaintiff has the right to be present during the entire proceedings; it can be disputed with

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or without legal support. There is no need to file a separate indictment. The subsidiary plaintiff has extended rights of information and, if necessary, the right to file an appeal. 7.12.2  Victim-offender mediation

The Victim-offender mediation (TOA), which is to be assigned to the options of the perpetrator and the victim, is an out-of-court settlement and agreement. The characteristics of the TOA are discussed elsewhere (7 Chap. 8). 7.13  Witnesses

Witnesses can contribute significantly to the clarification of crimes. They are therefore subject to special rights and obligations, which are explained elsewhere (7 Chap. 8). 7.14  Compensation for Assistance

If a helper suffers a loss or damage to property or health while providing assistance, he may receive compensation from the injured person, his liability insurance or the statutory compensation space insert (§ 2 No. 13 lit. a, c SGB VII). In the case of injuries caused by a first aid service in the workplace, the insurance coverage of the competent occupational safety and health administration or accident insurance applies. The benefits of statutory accident insurance require a informal notification. In the case of an emergency, the accident insurance or the municipal accident insurance carrier competent for the federal state concerned is responsible. The following benefits are provided: medical treatment (doctor, hospital), disability benefits (wage replacement function), benefits for participation in working life and community life, pension benefits and, in the event of death, survivor’s benefits. The emergency helper also receives compensation for any property damage incurred, such as soiled clothing. Likewise, an injury suffered in an emergency can give rise to claims for pain and suffering—against the accident perpetrator, not against the accident insurance carrier (DGUV, 2017).

References Altvater, G. (2015). Kommentar zu § 240 Rn. 17. In H. W. Laufhütte, R. Rissing-van Saan, & K. Tiedemann (Hrsg.), Strafgesetzbuch Leipziger Kommentar (12. Aufl.). De Gruyter. Bezjak, G. (2016). Der Straftatbestand des § 177 (Sexuelle Nötigung; Vergewaltigung) im Fokus des Gesetzgebers. Kritische Justiz, 49(4), 557–571. BGH, 1 StR 59/50, Urt. v. 12. Februar 1952, NJW 1952, 552. BGH, 4 StR 953/51, Urt. v. 15. Mai 1952, BGHSt 2, 362. BGH, 5 StR 182/64, Urt. v. 23. Juni 1964, BGHSt 19, 352. BGH, 3 StR 51/69, Urt. v. 23. Mai 1969, NJW 1969, 1260. BGH, 2 StR 224/69, Urt. v. 15. Oktober 1969, BGHSt 23, 122.

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BGH, 3 StR 96/84, Urt. v. 04. Juli 1984, BGHSt 32, 367. BGH, 5 StR 387/88, Beschl. v. 06. September 1988, StV 1989, 152. BGH, 1 StR 262/88, Urt. v. 04. November 1988, MDR 1989, 273. BGH, 2 StR 490/91, Urt. v. 06. Mai 1992, NStZ 1992, 432. BGH, 1 StR 126/95, Urt. v. 20. Juli 1995, BGHSt 41, 182. BGH, 4 StR 419/14, Beschl. v. 15. Januar 2015, NStZ 2015, 394. BGH, 3 ZR 35/18, Urt. v. 04. April 2019, juris. [ECLI:DE:BGH:2019:040419UIIIZR35.18.0]. BT-Drs. 13/7324, (1997). Dreiunddreißigstes Strafrechtsänderungsgesetz – §§ 177 bis 179 StGB (33. StrÄndG). Berlin: Deutscher Bundestag. BVerfG, 1 BvR 713/83, 921, 1190/84, Urt. v. 11. November 1986, BVerfGE 73, 206 (237). Deutsche Gesetzliche Unfall Versicherung (DGUV). (2017). Rechtsfragen bei Erster-Hilfe-Leistung durch Ersthelferinnen und Ersthelfer – 10852. DGUV. Eisele, J. (2019). Kommentar zu §§ 177 Rn. 99, 241 Rn. 4. In A. Schönke (Begr.) & H. Schröder (Hrsg.), Strafgesetzbuch Kommentar (30. Aufl.). Beck. Finkelhor, D. (1979). What’s wrong with sex between adults and children? Ethics and the problem of sexual abuse. American Journal of Orthopsychiatry, 49(4), 692–697. Fischer, T. (2019). Strafgesetzbuch mit Nebengesetzen (66. Aufl.). (§ 174, Rn. 2; § 183, Rn. 6; § 186, Rn. 8; § 224, Rn. 12; § 231, Rn. 8). Beck. Frisch, W. (2016). Strafrecht und Solidarität zugleich zu Notstand und unterlassener Hilfeleistung. Goltdammer’s Archiv, 163(3), 121–137. Hörnle, T. (2017). Kommentar zu §§ 183 Rn. 6, 184 Rn. 9. In W. Joecks & K. Miebach (Hrsg.), Münchener Kommentar zum StGB (3. Aufl.). Beck. Kühl, K. (2012). Strafrecht Allgemeiner Teil (8. Aufl.). (§ 5, Rn. 6). Vahlen. Küper, W., & Zopfs, J. (2018). Strafrecht Besonderer Teil mit Definitionen (10. Aufl.). (Rn. 165, 186, 431, 435). C. F. Müller. Lackner, K., & Kühl, K. (2018). Strafgesetzbuch Kommentar (29. Aufl.). (§ 185, Rn. 5). Beck. LG Bonn, 5 S. 47/14, Urt. v. 07. Januar 2015, RDV 2015, 205–206. Regge, J., & Pegel, C. (2017). Kommentar zu § 185 Rn. 3. In W. Joecks & K. Miebach (Hrsg.), Münchener Kommentar zum StGB (3. Aufl.). Beck. Rengier, R. (2018). Strafrecht Allgemeiner Teil (10. Aufl.). (§ 14, Rn. 5; § 19, Rn. 1; § 52, Rn. 7). Beck. Renzikowski, J. (2017). Kommentar zu Vorbemerkung zu § 174 Rn. 8, 53, § 176 Rn. 2. In W. Joecks & K. Miebach (Hrsg), Münchener Kommentar zum StGB (3. Aufl.). Beck. RG, 3 StR 1406/94, Urt. v. 31. Mai 1894, RGSt 25, 375 (378). RG, 3 StR 1017/30, Urt. v. 22. Dezember 1930, RGSt 65, 65 (66). Seelmann, K. (1995). „Unterlassene Hilfeleistung“ oder: Was darf das Strafrecht? Juristische Schulung, 281–286. Wessels, J., Beulke, W., & Satzger, H. (2018a). Strafrecht Allgemeiner Teil (48. Aufl.). (Rn. 29, 793). C. F. Müller. Wessels, J., Hettinger, M., & Engländer, A. (2018b). Strafrecht Besonderer Teil 1 (42. Aufl.). (Rn. 520). C. F. Müller.

Leslie Heimann

(Dipl.-Jur., Ref. Jur.) studied law at the Philipps University of Marburg from 2017 to 2022, She is a PhD candidate in criminal law and works as a research assistant at Freshfields Bruckhaus Deringer, an international law firm. Furthermore, she deals with international and sexual criminal law, equality and anti-discrimination as a research assistant at the Chair of Criminal Law, Criminal Procedure, International Criminal Law and Comparative Law at the Philipps University of Marburg. In addition, she is a licensed violence protection trainer and works actively in this field.

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Prevention Contents Chapter 8

Those Responsible for Education – 115 Rudi Heimann and Kathrin Kullmann

Chapter 9

Educational and Training Institutions – 155 Kathrin Kullmann

Chapter 10 Sports Clubs – 171 Chris Hörnberger Chapter 11 Self-assertion – 185 Chris Hörnberger Chapter 12 Self-defense – 201 Jürgen Fritzsche Chapter 13 First Aid – 225 Rudi Heimann Chapter 14 Model Seminar – 239 Jürgen Fritzsche and Anna-Maria Fritzsche Chapter 15 Funding, Counseling and Support – 265 Chris Hörnberger

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Those Responsible for Education Cooperation Between Parents and Institutions Rudi Heimann and Kathrin Kullmann Contents 8.1 Introduction – 116 8.2 Primary Instances – 116 8.2.1 Parents – 116 8.2.2 School – 129 8.2.3 Relatives, Acquaintances – 139 8.2.4 Trainer – 140 8.2.5 Observer – 140

8.3 Secondary Instances – 141 8.3.1 Youth Office – 141 8.3.2 Police and Public Prosecutor’s Office – 144 8.3.3 Courts – 148

8.4 Tertiary Instances—Re-socialization – 151 References – 151

© The Author(s), under exclusive license to Springer Fachmedien Wiesbaden GmbH, part of Springer Nature 2022 R. Heimann and J. Fritzsche (eds.), Violence Prevention in Education, School, and Club, https://doi.org/10.1007/978-3-658-38551-4_8

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The responsibility for education in our society is mainly divided between family and school; these two main pillars are supplemented by peers, clubs and formal institutions such as the youth office or the police. This article presents the usual methods of parental education, refers to the possibilities of influence of relatives, acquaintances and trainers as well as pure observers of the behavior of children and adolescents. The protection and promotion possibilities of burdened families by the youth office are mentioned just as much as the role of the police and the prosecutor. The school has a wide range of possibilities for influence at this point, which are not always used. The development of appropriate media competence is of great importance for parents and teachers in this overall context.

8.1  Introduction

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The responsibilities between the institutions of formal social control (youth office, school, police, courts) and informal social control (parents, family, friends, club) are relatively clearly delineated from each other (7 Chap. 3). An alternative division of these instances could be made on the frequency of contact and the associated, naturally higher possibility of influence on children and adolescents. So, from age-related fluctuations aside—parents, school and clubs are counted among the primary socialization institutions. Only when these do not function sufficiently, formal control elements such as youth office, police or courts come to the fore; on a tertiary level, re-socializing aspects could be important for juveniles as offenders. The engagement with the possibilities of these institutions refers to influence in relation to potential victims as well as offenders. Thereby, a close connection exists in particular with the developmental stages of children and adolescents (7 Chap. 6). 8.2  Primary Instances 8.2.1  Parents

The family has undergone a great change in the last century. From the rural extended family to the classic, four-person nuclear family to single-parent and patchwork families, different family forms are a reality in our society. However, it would be wrong to interpret this pluralization of family forms of coexistence as if, in each case, it were the result of the individual preferences of those involved. Certain variants that are more common today, such as single mothers or fathers, can arise from a situation of compulsion and need not always be the result of a new self-understanding. As a result, increased demands and burdens on the affected children and adolescents can make the educational situation more difficult. Not only do changed starting conditions often deviate from the parents’ idea of children’s education. One of these idealizations is often the idea of a education. This is an education that excludes conflicts solely through dialogue, insight and conviction. It seems illusory that such an education can be successful in our society. The consistent setting of

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boundaries and at least the threat of punishment are regularly found in child-rearing. The question of a non-violent education may look different. 8.2.1.1  Non-violent Education

Traditionally, the idea prevailed until the 20th century that phenomena such as love and violence (7 Chap. 1) cannot be mutually exclusive in the family, but it was assumed that they can stand in a meaningful connection with each other. Meanwhile, a clear trend in the other direction can be observed. About three quarters of the parents consider hitting their own children to be a bodily injury. 90% of the parents, who themselves (still) did not manage without corporal punishment, strive for the most non-violent education possible. For them, such an education is even their ideal. More than half (57%) only hit out of helplessness and not out of educational conviction. Not only severe, but also regular light corporal punishment entail considerable risks for our children, as in particular (Bussmann, 2001): 5 an escalation of violence in the family. 5 severe psycho-social abnormalities (anxiety, aloofness, drug addiction). 5 anti-social behavior (aggressiveness or lack of empathy). 5 learning violence as a means of conflict resolution (cycle of violence). 5 higher propensity to crime of the children (in particular more frequent violent offenses). > While an education without punishment appears to be impossible in practice, many reasons speak in favor of trying a non-violent education.

The more children are beaten, the more likely it is that they will contradict their parents, intensify anti-social behavior, aggression, mental health problems and cognitive abnormalities. They more often advocated the physical punishment of their own children, which showed one of the most important ways in which attitudes towards physical punishment are passed on from generation to generation. These are the results of a meta-study that covers a period of 50 years and 160,000 children (Gershoff & Grogan-Kaylor, 2016). Specifically, for school starters, there are abnormalities in that first-graders who were beaten at home are very likely to tend to disturb in school (Stormshak et al., 2000). With the ban on violence in education (7 Chap. 7) not only physical, but also psychological forms of violence such as love withdrawal or public humiliation of the child should be prohibited. The sanctions of the parents (BMFSFJ, 2003) are declining in quality and quantity (. Table 8.1). A newer survey (Forsa, 2011) shows further decline—although the comparability of these studies should only be given to a limited extent. 40% for the slap on the bottom, 19% for the roar and 10% for the slap in the face. However, not only aggressive and violent reactions of parents to the behavior of children can cause violence. If they are judged too much according to school performance and parents react with love withdrawal if expectations are not met, it can lead to a impairment of the self-esteem of children (Nave-Herz, 2012). A latent violence potential can be the result. Less the material, but much more the emotional deficiency situation has an impact on the behavior of the child.

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. Table 8.1  Parent sanctions

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Frequency of sanctions (self-reports)

Parent study 1996 (%)

Parent study 2001 (%)

Slap on the bottom

82.6

76.4

Television ban

77.7

72.9

Light slap in the face

72.1

58.7

Curfew

66.8

57.6

Reduction of pocket money

51.4

44.6

Scream at the child

58.7

40.0

No longer talk to the child

51.0

29.1

Spank with a hand

33.2

26.4

Loud slap in the face with visible stripes

19.1

9.3

Hit with a stick on the butt

5.2

3.0

Hit fingers with a stick

5.4

2.3

Beating with bruises

2.9

2.0

8.2.1.2  Penalties

Penalties can be implemented in such a way that an unpleasant consequence follows a behavior or, alternatively, that a pleasant situation is ended or it will no longer occur later. With the system of punishment, different problems are associated: 5 Punishments do not eliminate the unwanted behavior, but suppress it and delay the temporal appearance. 5 The child does not change his behavior, but tries to avoid the punishment by learning new behaviors, such as by fleeing, lying, flattery. 5 Punishments can so heavily burden the relationship between educator and child that no (necessary) trust relationship can be built. 5 The child does not see his misconduct during punishment and therefore does not change his behavior. 5 To provoke punishment may also be an opportunity for the child to get attention. In this case, the use of sanctions makes little sense because the child does not classify the negative attention as an unwanted consequence, but as a reward. The result: It does not discontinue the behavior, but is likely to show the unwanted behavior even more often. 5 The arbitrary use of punishments leads to the impression that educators use punishment to demonstrate or abuse their power. 5 More frequent use of punishments leads to their loss of effect and children themselves show hostile and aggressive behavior. 5 The model of punishment is used by the child himself to assert himself against others and to sanction the weaker ones (7 Chap. 3). 5 Frequent punishment reduces the child’s self-esteem and can lead to motivation, passivity and thus the promotion of a victim role.

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When applying penalties, certain principles must be observed: 5 Penalties are basically the last resort if other solutions have failed. 5 Penalties should be appropriate to the offense and the child’s age; they are based on behavior and not on the person. The proportionality achieved should also result in the penalty staying within a dignified framework (7 Chap. 7). 5 Penalties should be in a logical and temporal connection with the offense. This is especially important for younger children so that they understand at all what they did wrong. 5 Punishing babies and toddlers is not useful. They don’t have a sense of right and wrong yet and can’t estimate the consequences of their actions yet (7 Chap. 6). 5 A penalty should be announced. This way the child knows that his behavior can have negative consequences and that it is up to him to decide how he wants to act. 5 If the behavior is not changed after the threat of a penalty, the announced penalty must follow. 5 Sensible penalties provide orientation and the option to correct small missteps through repentance. 5 Reconciliation should be mandatory after the penalty (see 7 Punishments). Punishments

1. A four-year-old child paints with crayons on the new white wallpaper, even though it has long been known that painting is not allowed on walls. As punishment, it has to clean up itself—at least until the color fades and it starts to sweat. 2. A five-year-old child secretly takes candy, even though it is supposed to ask for it. Because of this disregard for parental instructions, there are no sweets at the next occasion, no matter how insistently it begs.

3. A six-year-old child stole money from his mother. It is made clear to him in no uncertain terms that this is theft and cannot be tolerated. To make up for it, the child must return the money and apologize. 4. A seven-year-old child constantly loses his school supplies. Seven-year-olds can be more careful. As punishment, the next time it has to pay for the new things from its own pocket (in proportion to the amount of pocket money). In this way, it will pay more attention to the school supplies in the future.

8.2.1.3  Consistent and Consistent Parenting Behavior

Parents sometimes fall from one parenting extreme to the other and are unpredictable for the child. As a result, the respective measure is experienced as arbitrary. There is an inconsistent parenting style in which there is no connection between the child’s behavior and the parents’ behavior. If a child shows the same behavior multiple times, the parents do not react the same way, but differently. So a child is punished for a violation of rules once, another time the violation is ignored. If the child shows different behaviors, the parents’ reaction to it is not different, but the same. So the child, no matter how his behavior is, could be treated aggressively. For the

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child, this creates a disorientation and insecurity, it cannot establish a connection between its own behavior and the reactions of the parents. It cannot assess what behavior is wrong and what is right; rewards and punishments are unpredictable, uncontrollable and incomprehensible. Inconsistent parenting also occurs when contradictions in parental behavior do not occur one after the other, but at the same time. This can be the case when one parent sends contradictory messages or when one parent undermines the instructions of the other. No matter how the child behaves then, it will always be disobedient to one parent. > Inconsistency and inconsistency are among the strongest sources of error in parental education.

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Children and adolescents need clear boundaries and must know what happens when they exceed them. If there is no consequence, they are hardly controllable and finally do what they like. Punishments are of course also consistent in this context, but often not a logically comprehensible consequence for the person concerned. It would be difficult to see any sense in restricting socializing with friends or quiting every misbehavior with a computer ban. Logical consequences are immediate educational methods (7 Logical Consequences), which arise from the situation or represent a specific consequence. They are therefore directly related in time and content to the behaviour to be sanctioned. Logical Consequences

1. The child knocks over his glass on the table. No matter what the reason for this was: The logical consequence of his behavior is that he now has to wipe the floor and remove the dirt himself (as well as age-appropriate). If the child has been warned several times before not to play with the glass, another consequence could be that he does not receive a replacement drink with this meal—as an escalation.

2. The family wants to go to an amusement park. The (only) child dawdles despite several reminders when dressing, plays and watches TV at the same time. It is announced that the trip will be canceled if it does not hurry. To support this, an alarm clock or egg timer can be set. When the time is up, the family stays at home because it is no longer worth it to drive after a certain time.

Logical consequences only make sense if the child understands them. However, a child must first learn that his or her own actions have positive or negative consequences (7 Chap. 6). Logical consequences as a educational measure should therefore only be used when the child is about 2.5 years old. Logical consequences are better than punishments, but the transition is fluid. Parents should be aware of this. Sometimes it is also difficult to find a suitable logical consequence. As with punishments, a logical consequence must follow immediately after the undesired behaviour has occurred. The more time that elapses between the behaviour and the consequence, the more arbitrary the consequences appear to the child and the child feels treated unfairly. A logical consequence is used

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so that a child no longer shows undesired behaviour. If this effect does not occur, other consequences must be found which nevertheless do not appear arbitrary and are in an appropriate ratio to the misconduct. It is important that parents explain why a consequence follows from a certain behaviour. Logical consequences can replace punishments in many cases, but not always. The advantage is that the child can more easily recognise a connection to his or her previous behaviour if he or she is cognitively able to do so. With young children, parents must therefore weigh up to what extent they can and should use the logical consequence as an educational measure. The logical consequence can be announced, but sometimes it also arises of its own accord (7 Natural Consequences). Further consequences are usually not required and malicious reactions are also inappropriate (“You only have yourself to blame” or “I told you so”). Natural Consequences

An unobserved child … … rocks with the chair. It falls and hurts itself. … climbs on a climbing frame against the order. It falls and has pain. … eats too many sweets. It gets a stomach ache.

8.2.1.4  Support

The following activities can methodologically support the strengthening of children and adolescents: 5 Any unjustified feelings of guilt must be derived from the child. 5 In sufficiently calm phases of the day (not during meals), the opportunity should exist to talk about experiences of violence and possible reactions. 5 Inclusion of (sporting) activities that increase self-confidence and the feeling of self-efficacy (7 Chap. 6, 10, 11, 12). 5 Strengthening through activities in other areas of life that lie outside of school and are successfully completed (7 Chap. 6). 5 The establishment and accompanying support of a protective network with friends or classmates leads to integration into a strong community. 8.2.1.5  Active Listening and I-Messages Active Listening  In active listening the listener repeats what he has heard in his own

words and thus confirms it. A calm frame should be given, the listener should not appear stressed or restless, in order not to unsettle the child. In addition, the listener should have patience and be able to endure pauses in the conversation. The educator should maintain eye contact, which can mean sitting down on the carpet with the child to be on the same level. In addition, listening does not mean silently approving everything, but one should deal sparingly with one’s own opinion

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in order to enable the child or adolescent to reflect on himself. The advantages of active listening are as follows: 5 The child feels the acceptance of the educator. 5 The child experiences attention and empathy. 5 The child can judge his behavior himself. 5 The child is encouraged to solve his problems himself.

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I-messages  With formulations that come from the I-perspective, the educator shares his thoughts and feelings about a behavior with the child. This allows the child or adolescent to experience which effect his behavior has on others, without the behavior itself being evaluated. This gives the child the opportunity to assess his own behavior and to draw appropriate consequences for future behavior. The message consists of a feeling part and a factual part. This is the shorter two-part version. In the extended four-part form, this is done according to the pattern: occasion—feeling—justification—expectation. The own feelings are expressed in the I-form in order not to build up any unwanted barriers in the child (7 You- and I-Messages). An emphasis on the “you” is experienced by most people as a direct attack or devaluation. Children and adolescents only accept limits when they are articulated clearly, when gestures, voice and sense of the words match. In summary, there are four important points that speak in favor of this form of communication, they: 1. probably promote the willingness to change. 2. hardly receive a negative judgment about the conflict partner. 3. allow the relationship between the parties to be maintained. 4. evoke less defense in the person addressed. You- and I-Messages

“Where are you again?” vs. “I was worried about where you were.” “Why did you hit the other child?” vs. “When I saw that you hit the other child, I wondered how the child felt?” “Why do you take your brother’s things away?” vs. “When you take your brother’s things away, I’m thoughtful and sad. I then believe that you don’t like each other. And I expect you to ask each other when you want something from the other.”

8.2.1.6  Praise and Recognition

Praise and recognition are used in education to positively reinforce desired behavior. The goal is to make this behavior occur more often. The child or adolescent receives an incentive to align his or her behavior with what pleases the parents. This approach is sometimes criticized because the child is only conditioned as a result. He or she does not question his or her actions, but rather acts automatically in order to gain an advantage, without showing any deeper insight. Generally, two types of praise and recognition can be distinguished. On the one hand, the behavior has a pleasant consequence, for example a reward in the form of

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sweets. On the other hand, the behavior does not have an unpleasant consequence that would otherwise occur, for example avoiding unpleasant work. However, careful and considerate action is advisable (7 Praise and Recognition—A Trap). Praise and Recognition—A Trap

A toddler in kindergarten age does not like to paint. It prefers to play in the apartment or in the garden. However, it is also important to the parents that the child’s creativity is promoted. In addition, they have taken from a guide that it is important that children take pencils in their hands very early on so that it works well in elementary school. The parents buy expensive pens and encourage the child to paint a picture for grandma. The child has no desire. The mother talks to the child until a not very convincing result is achieved. Even the child doubts the quality. However, both parents praise it extravagantly for the performance and the child is satisfied. A short time later, it should paint a picture again. It does not want to again and this time no good persuasion helps. Only when his mother promises him

chocolate as a reward, the child can be persuaded and he takes paper and pencils again. He paints some colorful strokes and abstract, undefined things on the sheet of paper. Nevertheless, his parents praise him and he receives the promised chocolate. A few days later, he should paint a picture of his family in kindergarten. The child quickly scribbles a few strokes on the sheet and then presents it to the educator. She is not enthusiastic and says, “You have not made much effort.” The child is completely disappointed—the parents were always enthusiastic about the pictures. When the educator demands that he should supplement his family picture, the child refuses. He knows exactly that the educator will not give him chocolate afterwards—why should he make an effort?

The inflationary use of praise and recognition has disadvantages. The child learns to behave in the way his or her parents want because the consequences are pleasant. At first, the argument that grandma will be happy about his or her picture is enough to motivate him or her. Later, it demands more valuable rewards, otherwise it is not willing to fulfill the parents’ wish. Of course, it does not work as desired, because it is not the insight that drives it, but solely because it hopes to gain an advantage as a result. A better option would be to show appreciation to the child or adolescent by encouraging him or her to reflect on his or her own behavior and to take the views and needs of the carer seriously. Furthermore, it makes sense to use praise sparingly and only to praise when a corresponding performance has been achieved. Deliberately engaging with praise and recognition is an important step for parents to take in order to support their children in developing into confident, independent personalities that find their place in society, can deal with criticism, and are able to act in a socially responsible manner. The advantages and disadvantages of the elements of praise and recognition are summarized in the overview (. Table 8.2).

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. Table 8.2  Praise and recognition

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Advantages of appropriate praise

Disadvantages of excessive praise

Fulfilling a basic need for recognition and success

Loss of intrinsic motivation

Good feeling with increased self-confidence and self-esteem

Exaggerated expectations that they will receive praise for even small things

Motivation to show desired behavior again

Feeling of worthlessness of praise, the more it is used arbitrarily

Praise and recognition are more effective and longer lasting than punishment

Praise and recognition are control mechanisms that have a manipulative effect

Praise and recognition strengthen the relationship and bond

Uncertainty towards parents due to arbitrary use

In general, it can be observed that children who show adapted behavior are more or less often rewarded or praised than children who show conspicuous or adapted behavior, either unconsciously or consciously. 8.2.1.7  Success Experiences

Success experiences have the advantage that they do not originate directly from the parents, but are a pleasant consequence of a certain successful behavior. The advantages are reflected in the following elements: 5 The child does not act only because of praise and reward, but for the sake of the matter. 5 The child learns on the basis of a matter-related motivation. 5 The child is not dependent on the praise of the parents. 5 The sense of self-worth and the feeling of self-efficacy are raised. 5 Success is an encouragement that belongs to the most important elements in education. Even small children strive to achieve as many success experiences as possible, because in doing so they strengthen their autonomy. They experience and understand themselves more and more as individuals and develop an amazing willpower when it comes to pursuing their goals. One of the most typical examples of confirming success experiences is learning to walk. Often, the discouraging attempts of small children take place far from parental observation and thus away from praise. The reward lies in the successful coping and only secondarily in the recognition by the environment. > A balanced ratio of success and failure experiences is a basic requirement for a realistic self-image.

There is a second side to this—children and adolescents need to learn how to deal with failure. They observe time and time again that they come up against their limits in comparison to others because they cannot do certain things as well as others. This frustrating event is unavoidable during the course of growing up and must

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be allowed by parents—otherwise an false self-image develops (7 False Protection Against Failure). False Protection Against Failure

A 5-year-old child likes to play board games against the parents—as long as it wins. If it loses, it starts to cry and throws the board around. The mother has pity and no desire for the outbursts of anger. So she lets the child win. The child is proud of itself and gets the impression that it cannot lose. When it loses the game in kindergarten, it gets completely out of control, becomes violent, insults the playing partners and subsequently refuses to participate in the game.

Children and adolescents need to learn not to doubt themselves in such situations, but to either accept the failures or to actively decide to achieve success. This can be done, for example, by asking for help or by finding the motivation to practice and train their own skills and improve them. Dealing with failures leads to the development of an appropriate frustration tolerance. Depending on the age group, different methods (. Table 8.3) are available to develop these skills. 8.2.1.8  Sports

The sporting activity of children and adolescents is somewhat more pronounced in boys than in girls. Outside of clubs, about 50% of children and adolescents do sports (Spengler & Woll, 2013). 12% of children in Germany meet the WHO’s

. Table 8.3  Development of frustration tolerance Age group

Activity

Toddler

– Allow exploration (secure home) – Reflect own fears – Take notice of child’s successes and praise them for it – Motivate the child to try again if they fail – Be consistent if it becomes dangerous

Kindergarten

– Set rules and boundaries – Play rule games – Foster individual talents of the child – Teach that help can be sought when stuck – Do not fuel competition

School child

– Teach that it pays off to “stay with it” – Do not punish or put pressure on poor school performance with love withdrawal – Promote independence – Teach learning strategies – Foster and model social interaction – See tolerance as a value in parenting

Teenager

– Motivate to make their own decisions and form their own opinions – Set clear boundaries and remain approachable – Require that a part-time job is sought to earn wishes through their own power

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weekly physical activity recommendations (2010). There are links between movement and accident rates in schools. If the weekly activity is below the recommended level of physical activity, the probability of an accident increases from about 14 to 25% (Spengler & Woll, 2013). It was also examined how children and adolescents get to school. It was found that more than half use public transport or are driven to school. 16% ride bicycles and 31% walk to school. Children who walk to school independently have a school accident prevalence of around 20%; if the children are driven, their prevalence is over 24%. Overall, it can be concluded that a higher level of activity not only protects against accidents. There are indications that it is more dangerous if the school way is covered by bus, train or car, instead of on foot or by bicycle (Spengler & Woll, 2013). 8.2.1.9  Media Competence

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Almost every child or teenager has access to almost all media (7 Media Use and Media Education in Germany 2019). The number of Internet users and connected households is almost 100%. Already in 2017, Internet coverage was at 98% of households in Germany; almost every teenager has a smartphone (Feierabend et al., 2017). The highest daily usage rate of 98% is in the 14 to 29 year age group. The duration of use is constantly increasing and almost reaches six hours a day (Frees & Koch, 2018). Other leisure activities (sport, going out, creative activities, parents) are long-term declining (. Fig. 8.1). Media Use and Education in Germany 2019

A nine-year-old elementary school student in a third grade classroom reports on his media usage: He has his own smartphone with Internet access, including a flat rate. In his room is a television with access to over 100 TV channels and two different streaming services. He has access to a game console. None of the devices are equipped with separate child protection programs. The PIN for the FSK-restricted content of the streaming services is on the back of the remote control in the living room. His parents don’t know any of the games he plays. He also regularly exchanges games with his friends. There are no controls whatsoever by his parents. The nine-year-old knows the popular pornographic Internet portals and can watch all imaginable variations of sexuality there. He knows the highlights of the current computer games like Mortal

Kombat X (spinal cord is ripped out of the body, limbs ripped off used as weapons), Sniper Elite 3 (The X-Ray Killcam shows in detail how bullets tear up organs and shatter bones) or Tomb Raider (Opponents are hacked with an ice pick or their own head impaled on a stake). He knows where he can watch real atrocities like beheadings or other killings of people. At school, he shows a low aggression tolerance, is unfocused and often looks tired. He insults other children in English, even though he otherwise has no foreign language skills and gives orders to girls of the same age to perform sexual acts on him or other boys. If he can achieve small successes (throwing another child) in gym class, he interrupts the game and performs puppet-like dances in the middle of the playing field, which he has adapted from another computer game.

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Ownership of smartphones in % 92 82

83

73 50 33

41

17

6 YEARS

7 YEARS

8 YEARS

9 YEARS

10 YEARS 11 YEARS 12 YEARS 13 YEARS

. Fig. 8.1  Ownership of smartphones (Feierabend et al., 2017)

The equipment rates vary depending on the device and gender; for computers, televisions and game consoles, the shares of boys are significantly higher. Computers are just as common in the bedrooms of high school students as in the bedrooms of students with lower levels of education. For other media devices, there are clear differences between student groups: For example, a game console is only found in every third room of high school students, but in more than two out of three rooms of pupils in special needs schools and main schools. In rural areas, devices are generally less common in rooms, while in large cities the rates are between five and ten percentage points higher. Computers are almost as common in the rooms of German and non-German teenagers. However, German teenagers are most likely to report owning a television (Baier et al., 2010). First and foremost, it is the responsibility of parents that children and adolescents can gain age-appropriate experiences on the Internet without realizing the dangers lurking there. In this respect, German parents are reserved compared to other European parents when it comes to restrictions and also in terms of advising their children, they are not outstanding. From the age of twelve, any control rapidly decreases and reaches—depending on the type of use—a level that is far below the fifth year of life with 15 years. So far, there is no evidence that mere parental advice on reducing the online risk is effective. Parents tend to underestimate the younger children’s ability to use the Internet content as well as circumventing parental barriers (Livingstone & Haddon, 2009). The following content-related derivations can be made for those responsible for education: 5 Dealing with media must be learned with support—only then can the positive aspects of the media come to the fore. 5 The location and thus the availability of television sets or computers should be chosen according to age. Experts recommend age limits of twelve years for sole availability in the children’s room.

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5 Technical support such as pop-up blockers, filter programs, restrictions in browsers, child protection software, own user accounts, firewall and virus protection should be used and adjusted regularly. Passwords are to be kept secret and the installation of protective programs is the sole responsibility of the parents. 5 There are no fully device-independent filter and youth protection programs that work simultaneously on computers, game consoles, smartphones and tablets, so that different settings and programs have to be used. 5 Depending on the age, parents and children can conclude contracts on usage behavior. These contracts or simple regulations of the parents specify content and duration of use; school usage times should be taken into account. 5 It can be helpful to participate in media usage from time to time. This can give you a feel for the development of skills. In particular, social networks and messenger services are suitable for explanations that children and adolescents can give to their parents. 5 Continuous—announced—controls of user behavior and stored content help children and adolescents to comply with the rules. 5 Just as dialogues about physical leisure activities (interaction with friends, behavior in school and club) take place between parents and children, so should conversations about online activities and friendships. The children and adolescents must be made aware that they can involve their parents in case of negative experiences without immediately being threatened with an Internet ban or having to feel ashamed. 5 It should be noted that, in particular in connection with online and computer games, addiction potential exists. First indications arise when agreed times are no longer adhered to or effects on other areas of life are noticeable, such as reduced contact with friends, changed school performance, leisure activities or sleep and eating habits. > The 3-6-9-12-rule says (Cherry et al., 2016): No screen under three years, no own game console before six years, no Internet (not even supervised) before nine years and no unsupervised Internet before twelve years.

It is beyond doubt that the role of the Internet and the associated opportunities and risks are constantly growing. Childrens and adolescents’ experience of the world is not yet developed enough for them to be able to reliably assess the risks; for this reason they are dependent on the help of adults. This help must be offered continuously and repeatedly. In addition to the fact that it serves the protection of children and adolescents, parents also protect themselves from financial damage that can be caused by careless online activities (booking of fee-based services, online gambling, illegal downloads with notifications) and then—depending on the constellation—can be passed on to the parents as owners of an Internet connection (7 Chap. 15).

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8.2.2  School

Historically, violence in school was used by teachers for disciplinary purposes. In the 1950s and 1960s, this was increasingly questioned. In 1976 it was established that criminal laws also apply to schools (BVerfG, 1976). This put the punishment of corporal punishment in the shade and eventually banned it from schools. It was not until the 1990s that solid empirical studies were possible in schools. In 2003, the Advisory Board of the WEISSER RING published 12 theses relating to the improvement of victim protection in the school environment: 1. Smaller schools and smaller classes, so that teachers in small schools can take care of problem children again—a maximum of 20 children per class. 2. Teachers must be familiar with violence prevention programs in their training and continuing education. 3. School social work should be expanded and school psychological counseling systems should be networked with the relevant external institutions. 4. Teachers who are assigned to supervise during breaks should not look away when violence is displayed: the current incident must be made the subject of the next lesson. On average, every third student in school fears going to the playground during break. This is especially true for primary and secondary schools. 5. At problem schools, monitoring of the school playground should not be taboo if the school boards demand it. 6. Since more than 30% of students, according to recent studies, already fear violence on the way to school in overcrowded buses and trains, special bus and train attendants should be used. 7. Putting “manners and etiquette” on the blackboard is an approach that is supported. Punctuality, respect for others, not making excuses, and other social skills are part of it. However, the role model behavior of parents and teachers is indispensable. 8. With regard to sports, more attention should be paid to developmental psychological requirements in the curriculum: more sports lessons for boys between the ages of 13 and 16, who tend to be more aggressive. 9. Recidivist school troublemakers and violent offenders, who often belong to the underachievers, should be given a chance in “apprenticeship workshops” with a focus on crafts, in which, inter alia, performance and perseverance are promoted and success experiences are more likely. 10. Truancy programs are a way to get students off the street and to prevent them from developing into “No-Future-Kids” without a school education and becoming criminals. 11. Special efforts are required for the school integration of young foreigners. The efforts of some federal states to make school attendance dependent on language skills is the right way. A necessary prerequisite for this is the promotion in the pre- and extracurricular area. 12. The success of all self-initiatives of the schools that serve victim protection depends not least on the support of the parents, because violence prevention must begin in the family.

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8.2.2.1  Consistent Interference Common Reactions to Bullying in Schools

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After an increasingly ignored bullying situation, the teacher discusses the event with the class and hopes to resolve the situation in this way. In the conversation, the teacher refers specifically to the victim and the perpetrator. This reduces the situation to specific people and reinforces all participants that there are fixed roles. For the victim, the conversation can become an unbearable situation. With questions like: “Come on, what’s bothering you about …?”, The victim is ashamed and the classmates learn that victims are humiliated in front of the class and perpetrators receive the de-

sired attention. Perpetrators often make statements in such conversations that the victim is to blame himself. Subsequent corrections of these statements by the teacher are pointless. If teachers recognize that more than two people are involved, threats of class sanctions (canceled trips) often follow. Until now, the matter has been a matter for part of the class, now the whole class is brought against the victim and it has to be punished. Massive attacks and exclusion are the result and by no means insight, consideration or even empathy.

Interventions against bullying appear to be absolutely necessary: Compulsory schooling is unthinkable without the guarantee of the child’s basic rights. Those who become victims have their dignity massively impaired (Greene, 2006). Reality confirms in many cases that the seriousness of the situation is doubted by the class teacher or the school, or that attempts to take action against bullying are not pursued as competently and consistently (7 Common Reactions to Bullying in Schools) (Olweus, 1997). Often, a change of school appears to be the only way out. This must appear to the affected child and its social environment like the administratively completed bullying: Not those who behave wrongly, but those who suffer from this behaviour, have to leave. De facto, such an approach indicates that the school is not able to ensure the physical and mental safety of its students. More importantly, an already damaged child is confronted with the probably most difficult social task that school life has to offer in the new class or school: integrating into a new existing class community, in which social relationships have already been established (Pelligrini & Bartini, 2000). Early intervention is shown to be the most suitable measure for all those involved (. Fig. 8.2). Here, about 20% are in action as immediate perpetrators and direct supporters. About 30% form the indirect supporter environment by encouraging or taking pleasure in the damage. 25% look away and another 25% try to help through third parties (teachers). Observational studies (Pepler et al., 1994) suggest that all school staff should be involved in order to create an appropriate awareness of the problem. Supervision during break times can be improved. Teachers intervene too rarely according to the findings of the scientists: On the school yard in 4% and in the classroom in 18% of the cases.

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25% 25%

30% 10%

10%

. Fig. 8.2  Participants in bullying

The willingness of teachers to intervene can be increased according to the authors (Smith et al., 1999) if a clear legal basis is available. The German school laws contain detailed information on the scope of the educational and educational mandate of the school. Even if the terms of aggressive behavior such as bullying are not explicitly mentioned, the formulations leave no doubt that it is the statutory task of teachers to take action against it. So it should: 5 the value system of the Basic Constitutional Law be recognized. 5 the rights of others should also apply to themselves. 5 act according to ethical principles and respect religious and cultural values. 5 Relationships with other people are to be designed according to the principles of respect and tolerance, justice and solidarity. 5 the equality of men and women is to be respected. 5 People of other origin, religion and worldview are to be met without prejudice. 5 Conflicts are to be resolved reasonably and peacefully. Knowledge itself—and this begins with the study of information material on the relevant topics—lays the foundation for the implementation of knowledge in the classroom by teachers. They also show more commitment when they perceive bullying within their class, when they feel special empathy for the victims and when they have made their own experiences. Teachers should therefore be enabled by study and further education to understand prevention and, if necessary, intervention not as an additional task, but as an integral part of their task as a teacher and to cope with it cooperatively.

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Communicative openness and willingness to innovate of the school as well as the general attention to problems give reliable indications of whether bullying is intervened in a school or not. The school management plays a decisive role here. It decides which space an intervention takes in school life and which temporal and financial resources are available to the teachers for the implementation of their commitment. What prevents schools from including the topic of violence or bullying as a fixed agenda item at every parents’ evening or in every conference? If then there is only the message that there are no irregularities, the point can be quickly left. This ensures that at least the opportunity is given to present the topic and to break down first barriers. It is imperative that perpetrators understand that their behavior is neither tolerated nor accepted, and it doesn’t matter who it is directed against. If the victim leaves the class, the perpetrator’s aggressive behavior would be confirmed as an effective strategy. The victim, on the other hand, learns that running away is a way to solve the problem and that they cannot expect any safety. Removing the perpetrator from the class is in line with the educational and disciplinary measures of the school laws (7 Chap. 9) and can be very effective. If it is a combination of aggressive students, after consulting the relevant students, a distribution to several classes or even different schools may be appropriate (Olweus, 1997). Only with the unity of all teachers of a class are the fellow students also activatable, who have a decisive importance in the bullying process. Only when the fellow students feel protected by their teachers will they dare to stand up to the perpetrators in the event of bullying (Schäfer & Korn, 2005). > Not the victims, but the perpetrators, their targeted manipulation and the social dynamics in the class, in which inaction has a reinforcing effect on bullying, must be the focus of attention.

8.2.2.2  Code of Conduct and Evaluation of Teachers Code of Conduct  Rules are a guideline and valuable orientation for coexistence and

fulfill the task of showing boundaries. The first step is to create these rules. The clear rules of conduct that should arise in the classroom and from the discussion of the students about the quality of their coexistence are to be communicated to the students and parents and it is to establish a standardized procedure for how to react to violations and a traceable documentation is to be carried out. In the area of be​​ havioral rules, this can be traced back to three simple basic statements for teachers and students: 1. We do not practice bullying. 2. We help students who are victims of bullying. 3. We include students who are easily excluded. The formulation of these rules should be worked out as specifically as possible through a discussion with the students. They can be adopted and made known in an appropriate manner. The statements presented here are by no means conclusive and in the development phase the students should be made aware of which behavior these statements refer to.

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If children’s and youth literature is chosen to illustrate rules, the selection should be made with care. All too often, the victim is reduced to obvious characteristics or the perpetrator is portrayed as a tyrant “with a soft core”. Even if this should be the case in individual cases, this would convey an incorrect image. Literature must evoke empathy for the victim and show the students new countermeasures without conveying new bullying techniques that were previously unknown. The potential role of passive observers as potential perpetrators should be highlighted—according to the motto: “Who does nothing, is involved.” However, such a code of conduct is the finest granulation of norms; usually at the level of class or school. Above that, there is a school code of conduct, which can be discussed and taken notice of again and again by teachers, with new students or on significant occasions (primary school—secondary school). New students receive the school code of conduct explained to them together with their parents, sign it and thus learn which behaviour is desired and which behaviour is undesired at the new school. With a school mission statement or a declaration of principles, which are superior to a school code of conduct from a visionary perspective, values can be defined which are supposed to determine everyday school life, such as politeness, respect, solidarity, helpfulness or the observance of rules. Teacher Evaluation  The best prevention against all forms of violence is a school cli-

mate characterized by mutual respect. Exclusion is possible when the social forces of a group are not balanced (Ploog, 1998) and leave room for unclear social constellations. School should be understood as a learning community and not as a hierarchical “institution”. Cooperation and promotion should take precedence over competition and selection. Teachers see themselves as partners and supporters of learning. This is done through transparent and fair evaluations. A code of conduct is jointly re-worked and agreed upon by teachers, students and possibly parents at the beginning of each school year. Teachers must be evaluated by their students. They should have a professional interest in organizing feedback themselves and not wait until they find their name on an Internet portal. Those who evaluate on a daily basis but react indignantly and hurt when they are evaluated themselves, make themselves unbelievable. The Internet is a legally permissible, possibly at the same time a human and pedagogically unsuitable place. However, a regular student-teacher feedback should be a pedagogical standard in class. Students must have the opportunity in an appropriate and mutually respectful procedure to give their teachers feedback on how comprehensible and interesting their lessons are, whether they feel fairly evaluated and what changes and improvement suggestions they consider important. Parents should also be involved in such feedback processes. This is important information for teachers, a signal for students that they are “taken seriously as experts of learning”. 8.2.2.3  Sports

Sports pedagogy has rediscovered fighting for the purpose of personality development and the achievement of other goals such as coping with aggression, developing skills, developing tactically correct behavior, and not least to dispel boredom

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from school gymnasiums (7 Chap. 12). It is of particular importance to keep the ambivalence of fighting in mind—the tension between a dialogically composed measuring of forces (good fighting) and a bloody nose (bad fighting) (Lange & Sinnig, 2007). For the valid rules and the overall special importance of school sports see 7 Chap. 9. 8.2.2.4  Media Literacy

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The school is responsible for the Internet access which is provided to children and adolescents at school through the direct provision of computers or WiFi capacity. Through monitoring and technical restrictions, the institution must ensure that no uncontrolled access is possible. Educational institutions must respond to new challenges and provide assistance with existing risks such as self-harm, suicide, cyberbullying, grooming (glossary), promotion of anorexia (glossary), drug abuse, racism, gambling addiction, illegal downloads, as well as the abuse of personal data. This also includes the counseling of parents. The efforts of the educational institutions are among the most outstanding in the European area (Livingstone & Haddon, 2009). Schools play a key role in prevention. At the same time, the skills of older pedagogues are limited in this field by their manageable willingness to further education and engagement with the topic. The extent of the discretion teachers have and how social media can be used in schools is governed by the civil service regulations of the federal states. There is no uniform regulation as to whether a school is allowed to have its own Facebook profile or whether homework or school appointments may be passed on via social networks. The status of civil servants and labour law regulations uniformly point to a behaviour appropriate to the office and an increased duty of care in social networks when teachers are connected to pupils via these networks. However, due to a changed situation in European data protection law (GDPR, 2016), the trend seems to be—in legal terms—clear: the use of social networks for the communication of official content is illegal (Berlin Commissioner for Data Protection and Freedom of Information, 2016). Regardless of this, teachers may under certain circumstances violate the general terms and conditions of messenger services if they use them for professional purposes. In addition to the minimum age limits already set by the providers, EU data protection regulations also require the consent of parents for all social networks or messenger services until the age of 16 (Art. 8 GDPR). Teachers and educators must not lead pupils into a legal grey area by choosing the means of communication. The following behavior recommendations can be derived for the school context: 5 Clear communication of a code of conduct with regard to the use of smartphones or mobile phones in school, including use restrictions, possibility of withholding devices. 5 Continuous age-appropriate media education and training as well as the dealing with legal and ethical issues. 5 Restrictive use of social networks or messenger services in compliance with legal requirements. 5 If teachers become victims of cyberbullying, whether by students, parents—or even colleagues—e-mails or messages with insulting or threatening content are

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to be collected as evidence. Under no circumstances should you reply. Suspects can be confronted with the suspicion and asked to stop in private and in the presence of witnesses. Such conversations should be well prepared. It is recommended to involve the school management and, depending on the outcome, a mediator; in serious cases and after consulting a lawyer, the matter can also be reported. Publications in this context may constitute offenses and lead to claims for cessation (7 Chap. 7). 8.2.2.5  Intervention Projects

Long-term or regular intervention projects against bullying are now more common in schools. Year-round or school-wide, their purpose is partly preventive, but also specifically targeted at the identification of bullying problems and direct intervention. The resources expended for this, as well as the commitment of all involved, are not always sufficiently evaluated. The positive effects should last for at least one year and show at least one area beyond the directly targeted group (Elliot, 1999). A faulty approach would be the sole attempt to strengthen the victims (Olweus, 2004). Such an effort is only meaningful if victims actually show characteristics or behaviors that provoke bullying. Victim roles are rarely stable and even with a complete change of social environment, social rejection occurs at most if they do not behave in a group-conform manner in the new environment (Puttalaz, 1983). The question of whether an intervention should lead to direct sanctions against the perpetrator can be answered clearly from a learning theoretical perspective. Perpetrators must receive a clear message that their actions neither lead to the desired goal, nor that the rules and norms are arbitrarily violated. Such a procedure strengthens the defender of the victim and demonstrates to the supporters of the perpetrator that the school system consistently punishes aggressive strategies. In doing so, the perpetrator must not be labeled as a suitable victim by rigid action, taking into account the pedagogical responsibility for the perpetrator. An appropriate approach involves the classmates, places value on a change in perception, as well as the promotion of perspective-taking and aims at the training of teachers as an adequate model for the students. The empirically proven psychological knowledge about violence must be an essential part of teacher training and continuing education. The more importance teachers attribute to themselves and their colleagues as a source of change in bullying problems, the more likely they are to engage in bullying in their own class and implement specific actions of a program. It turns out that the openness of victims to report bullying is difficult to increase (O’Moore & Minton, 2004). Students are very sensitive to the commitment of teachers to take action against bullying, but they themselves show little change in the willingness to take action against bullying. The younger the children are, the more likely it is that an open, communicative approach will be taken and the willingness to identify and name a perpetrator (7 Possible Interventions Against Perpetrators).

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Possible Intervention Against Perpetrator

A seven-year-old primary school student is intercepted on the way to school by two twelve-year-old students from the opposite school and has the contents of his schoolbag emptied onto the street. In doing so, work sheets blow away that are to be checked in the first lesson. The child breaks into tears and tells the class teacher about the course of the morning school journey. The teacher immediately seeks—together with the child— the headmaster of the other school.

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­ogether, the school management, the T teacher and the student go through the relevant classes. In the third classroom, the child identifies the two older students. The incorrect behavior is addressed in front of the class, the perpetrators have to go to the school management and the parents are informed that they should pick up the older students from the school. The whole process is linguistically accompanied, documented and finds its way into the student’s file.

The German statutory accident insurance has carried out a literature review (Kliegel & Zeintl, 2009) in order to take stock of the programmes offered in the German-speaking world (Germany, Austria, German-speaking Switzerland) to prevent violence in schools. This lists 71 programmes. In addition to a short description, each programme includes content and methodology, target group and provider with contact information. In addition, any evaluation results that may exist for the individual programmes are presented. A wealth of programmes to prevent school violence is offered in the German-speaking world. The large number of programmes are based on the promotion of social-emotional and conflict resolution skills with the aim of preventing unwanted aggressive behaviour and teaching constructive behaviour in dealing with conflict situations. It is recommended to use programmes for which positive effectiveness of the programme has already been proven by means of methodologically appropriate evaluation. Prevention of conflicts and dangers does not only extend to behavioral aspects towards peers in case of bullying or violence. It also includes organizational and technical measures with which schools can minimize the chances of potential offenders who could move from the outside into the school system, and maximize their risk (. Fig. 8.3). In the field of prevention, the following factors are important, among others: Behavioral Prevention 

5 Requesting children to report immediately if they are approached by a stranger. 5 Checking the presence of children and adolescents not only at the beginning, but repeatedly. 5 Paying attention to whether children and adolescents return after an appropriate time from the toilet, secretariat or garbage container. 5 Age-appropriate explanations of what happens in a crime. 5 Clarifying the rules for accompanying children with adults. 5 Asking parents to only bring their child to the entrance and not to the seat. 5 Requesting parents to inform the institution immediately in case of illness. 5 Calling all adults in the institution to increased attention.

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Behavior

Technique

Organization

. Fig. 8.3  Three levels of prevention

5 Paying attention to people who observe the institution. 5 Addressing strangers and clarifying the reason for their presence. 5 In case of insufficiently explained presence, asking the person to leave the institution immediately, making sure that the request is followed, if necessary, fetching a colleague or involving the police. 5 Taking into account the role model effect of teachers and educators: Compliance with closure rules such as doors that are locked for safety reasons are also not to be used by adults who have a key to the door. 5 Inviting police advisers to give talks and projects on behavioral prevention. 5 Organizing self-defense and self-defense courses for girls and boys. Organizational Measures 

5 Ensure availability: A responsible person should always be available in the facility; who this is and how to reach them should be known to all. 5 The telephone numbers of all persons who play an important role in crisis situations should be stored on the mobile phones of all teachers. 5 Control rounds are to be carried out in toilets, basements, corridors and less used rooms (e.g. in the equipment room) at irregular intervals. 5 The offices of the teachers and administrative staff are to be moved to the entrance area or near the entrance area if possible. For third parties, the impression must be created that entrances are controlled. 5 Entrances are to be supervised at all times before lessons begin and at the end of lessons. 5 Access possibilities should be reduced and kept as low as possible on a permanent basis. After the beginning of the lesson, only the main entrance should be opened. 5 Adults use the same entrances and exits as children and adolescents; if necessary, adapt the house rules accordingly. 5 Toilets can be locked and keys deposited in the classroom depending on the overall situation in the building. 5 It must be weighed up whether children always go to the toilet in pairs with a key. It could be problematic to send them alone with the key to the toilet

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­ ecause a possible perpetrator could take the key and lock himself in with the b child. 5 Depending on the size of the property, authorization cards or identification cards can be issued for visitors. 5 Visitor’s board in the entrance area, the school’s homepage or written parent information specify the rules in the building. 5 Make sure that authorized agencies, suppliers or craftsmen who have to perform tasks in the facilities announce their visit by telephone or in writing, which explains the presence of persons not belonging to the school. Work clothes alone are not sufficient justification. 5 Obligation for cleaning staff to wear a badge visibly with their name, the company name and the designation of the building to be cleaned. Technical Prevention  Technical safeguards can give the impression of primary secu-

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rity. They can supplement behavioral preventive and organizational measures, but they do not replace them. At the same time, the behavior of people often undermines existing technical arrangements. The technical prevention of property crimes is not discussed here. Brightness, visibility and clarity make potential perpetrators feel insecure. Therefore, it should be noted: 5 Illuminate dark rooms in the building, possibly by sensor circuits. Timers are not suitable for security purposes. Energy saving takes precedence over security aspects. 5 Design bicycle parking spaces in a clear, visible, well-lit and covered manner. 5 Convex mirrors at difficult-to-see locations increase the sense of security and reduce the opportunities for potential perpetrators. 5 Layout the school yard in a clear area; avoid dark corners and niches. 5 When renovating, expanding or building, pay attention to security aspects and, if necessary, make your own suggestions: construction bright and transparent; few corners; no dark rooms; arrange teachers’ rooms, secretariat so that they can be easily monitored and that a monitoring function can be carried out from them. 5 Trim shrubs and bushes so that access, paths and buildings can be easily seen. 5 Adequately illuminate access and connecting paths between building parts. 5 Privacy protection (shutters, curtains, blinds), especially for rooms on the ground floor. When considering the access situation, route guidance, labeling, location and suitable locking systems, the following should be taken into account: 5 School toilets should not be located in the freely accessible outdoor area in new or converted buildings. 5 Sanitary facilities, in particular the accesses, should be visible. 5 For the time when access is locked, an intercom with video transmission in connection with electric door opening could be installed. 5 In security-relevant areas such as experimental rooms, administration area and IT area in connection with an intercom or a bell. 5 Clear structure of school areas and unambiguous route guidance; labeling of school complexes by colors and unambiguous designation of floor and room; also in each room itself.

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5 Signposting of the entire escape routes; provision of escape and rescue routes. 5 Creation of closure possibilities on classroom doors (e.g. installation of knob cylinders or an electromechanical locking system or a suitable alternative locking system). 5 The installed systems must allow everyone to unlock the door from the inside and for authorized persons from the outside; students who want to flee to unlocked rooms must be able to do so in principle. 5 When building new or replacing an existing locking system, a locking system with transponder technology (electromechanical locking system) is recommended. 5 Emergency exit doors must always be opened without a key in the direction of escape (DIN EN 179 and DIN EN 1125). In the case of the installation of fire alarm systems, electro-acoustic systems as emergency warning systems or emergency call systems, the following points of view and preparation measures arise: 5 Installation of a tamper-proof loudspeaker system for voice announcements with differentiated sound options (building, building parts, corridors, rooms, including sports hall, sports facilities or the bus stop in front of the school) according to DIN EN 60849 (electro-acoustic emergency warning systems). 5 Installation of tamper-proof two-way intercoms (e.g. in experimental rooms). 5 Installation of a video surveillance system to monitor the access area with recording capability (monitoring by janitor/secretary during school hours on a monitor); the image resolution should be achieved with the target object of the resolution class “Identify” according to VdS 2366; the provisions of the nationwide catalog of duties for installers of video surveillance systems should be observed. 5 Telephones/two-way intercoms in classrooms, experimental areas, in the IT area and in the administration area. 5 In individual cases, after police advice, an alarm system with connection to the police. 5 Announcements for intercoms are prepared and available. In addition to these measures, detailed crisis plans should be developed and crisis teams should be formed for the situations that occur in this context. The principles to be observed in the event of a crisis and the follow-up care exceed the scope of this book and are therefore not listed. 8.2.3  Relatives, Acquaintances

If it is important to relatives or acquaintances to convey the necessary properties to a child or adolescent in order to positively influence their development, the possibilities arise from the representations of the parents (7 Sect. 8.2.1), trainers (7 Sect. 8.2.4) and observers (7 Sect. 8.2.5). Ideally, there is a close communicative exchange about the procedure and the principles to be observed. Depending on the quality of the relationship between the adult and the child or adolescent, the

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i­nfluence of the relative or acquaintance can be stronger and more formative than that of the parents. 8.2.4  Trainer

In total, 58% of children are members of at least one sports club. Already in the age group of four- to five-year-olds, the proportion of club members is 52%. This increases in elementary school to 65% and decreases in adolescence again to 50%. Boys are more active in clubs (63% vs. 52%). Content-wise, inferences can be drawn from the remarks on the parents (7 Sect. 8.2.1). For the responsibility of trainers, see 7 Chap. 10. Also here it applies that, depending on the quality of the relationship, great influence on the development of children and adolescents is possible. 8.2.5  Observer

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The willingness to intervene as an adult observer and thus as a witness to deviant behavior (glossary) has declined for various reasons (7 Chap. 13). At the same time, it is very important whether observers act in an appropriate manner (7 Observers of Conspicuous Behavior) or not. Every day, countless learning processes take place for children and adolescents through conscious inaction (7 Chap. 3). Unfortunately, in an unwanted direction. They learn that they—apparently observed by third parties—can torture or otherwise show deviant behavior without consequences. And ultimately, the responsibility for this behavior lies with each individual adult who tolerates this behavior. Observers of Conspicuous Behavior

1. Two students intercept another student on the way to school and insult him with swear words. From a distance, an adult observes the scene. When the two perpetrators notice that they are being observed, they stop and wait. After a short time they start again with the insults and begin to push the victim back and forth between them. The adult looks on inactive. The victim’s school backpack is pulled off his shoulder and thrown over a fence. It lands in a garden pond. The perpetrators laugh and run away. 2. An older student harasses a younger student in the school yard. The

younger student obviously backs away from the older one. The recess supervisor observes the situation from a distance, but does not intervene because there is no physical assault. When the older student turns away, the eyes of him and the recess supervisor meet. No address is made. 3. A young person meets an adult on the street. A few meters before the two are at the same level, she throws a glass bottle into a small side street, where it breaks on the ground. The adult shakes his head, but otherwise passes the youth in silence.

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Some people have the idea that when an intervention is made by the observing adults, the deviant children or adolescents will react in a rejecting, defiant, and uncooperative manner. The situation is downplayed, the sense of responsibility is denied or the responsibility of the adult is called into question. However, these are clearly predictable patterns of behavior that just illustrate that the child or adolescent is aware of his or her deviant behavior. But if the adult intervenes, the children and adolescents learn that they—at least in the presence of adults—cannot show their behavior without a reaction. 8.3  Secondary Instances

The reaction options of the formal secondary instances are examined in more detail, since in connection with the process of victimization, calls for formal reactions are often heard. At this point it is helpful to know the realistic possibilities and roles of these institutions. 8.3.1  Youth Office

The youth office supports parents and guardians in the education, care and education of children and young people. It relies on preventive, family-supportive offers that contribute to creating positive living conditions for families. The range of services extends from the organization of qualitative child care to parental counseling and the protection of the best interests of the child to the promotion of offers for young people and the creation of a child- and family-friendly environment (§ 1 SGB VIII). Anyone can contact the youth office, in particular also children and young people, if they have problems or are in emergency situations. The services and tasks of youth welfare are in particular offers and help (§ 2 SGB VIII): 5 of the educational child and youth protection. 5 to promote education in the family. 5 to promote children in day-care facilities and day-care. 5 for education and supplementary benefits. 5 for placement of children and young people. Children and young people are to be involved in all decisions of public youth welfare that concern them in accordance with their developmental status. They have the right to contact the youth office in all matters of education and development. There is a right to advice without the knowledge of the person entitled to custody if the advice is necessary due to an emergency and conflict situation and as long as the purpose of the advice would be thwarted by the notification to the person entitled to custody (§ 8 SGB VIII). 8.3.1.1  Protective Mandate

If the youth office becomes aware of significant indications of the endangerment of a child or young person’s welfare, it must assess the risk of endangerment in cooperation with several professionals. These indications are specific hints or serious

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suspicions. They must show that the type, duration and extent of the damaging situation are so severe that they can lead to a risk to the child’s welfare. It does not matter whether these hints are learned anonymously, in a way that contradicts legal or data protection regulations, on one’s own initiative or as a result of information from outside. The risk is then to be assumed if there is a present or at least imminent danger to the child’s development, which, if it continues, will probably result in significant damage to the physical, mental or emotional welfare of the child with a high degree of certainty. The higher the damage that is to be expected, the lower the requirements for the degree of probability of the occurrence of the damage. In the case of infants and small children as well as children or adolescents with a mental illness or mental disability, a special risk of endangerment must be assumed. To the extent that the effective protection of this child is not in question, the youth office is to involve the parents or guardians and the child in the assessment of the risk of endangerment and, if this is necessary according to the professional assessment, to gain an immediate impression of the child and his or her personal environment. If, in order to avert the danger, the youth office considers the provision of assistance to be suitable and necessary, it is to offer these to the parents or guardians. If the youth office considers it necessary for the family court to take action, it is to call the court; this also applies if the parents or guardians are not willing or able to participate in the assessment of the risk of endangerment. If there is an urgent danger and the decision of the court cannot be awaited, the youth office is obliged to take the child or young person into care (§ 8a SGB VIII). 8.3.1.2  Duty to Advise

Persons who are professionally in contact with children or adolescents have a right to advice from an experienced professional on the assessment of a child welfare risk in individual cases vis-à-vis the local provider of youth welfare. Providers of facilities in which children or adolescents spend all day or part of the day, or in which they receive accommodation, and competent service providers have a right to advice vis-à-vis the supra-regional provider of youth welfare. This applies when developing and applying professional action guidelines to safeguard the welfare of children and to protect against violence, as well as to procedures for involving children and adolescents in structural decision-making in the facility and to complaint procedures in personal matters (§ 8b SGB VIII). 8.3.1.3  Educational Orientation

Child and youth welfare must orient itself to the following three points of reference when it is active (§ 9 SGB VIII): 1. The educational orientation determined by the persons entitled to custody, as well as the rights of the persons entitled to custody and the child or adolescent in determining the religious education. 2. The growing ability and need of the child or adolescent to act independently and responsibly, as well as the respective special social and cultural needs and characteristics of young people and their families.

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3. To reduce the different life situations of girls and boys and to promote the equality of girls and boys. 8.3.1.4  General Promotion of Education in the Family

Mothers, fathers, other guardians and young people are to be offered services for the general promotion of education in the family. They should contribute to the fact that mothers, fathers and other guardians can better fulfill their educational responsibility. They should also show ways in which conflicts in the family can be resolved non-violently. Mothers, fathers and other guardians who want to organize the promotion of children themselves are to be advised and supported (§ 16 SGB VIII). 8.3.1.5  Help with Education

Persons entitled to custody are entitled to help with education if the education corresponding to the welfare of the child or young person is not guaranteed and the help is suitable and necessary for his development (§ 27 SGB VIII). Parenting counseling centers and other counseling services and facilities are to support children, adolescents, parents and other guardians in clarifying and coping with individual and family-related problems and the underlying factors, in solving parenting issues, as well as in separation and divorce. Professionals from different disciplines should work together, who are familiar with different methodological approaches (§ 28 SGB VIII). Other help includes social group work for older children and adolescents, educational assistance, caregiver, social pedagogical family support, education in a day group, full-time care, institutional education or other supervised forms of housing, as well as intensive individual social pedagogical support. Social Group Work  Social group work is supposed to help older children and adoles-

cents overcome developmental difficulties and behavioral problems. It is supposed to promote the development of older children and adolescents through social learning in the group on the basis of a group pedagogical concept (§ 29 SGB VIII). Educational Assistant, Care Worker  The educational assistant and the care worker are supposed to support the child or adolescent in coping with developmental problems, involving the social environment as much as possible, and to promote his or her independence while maintaining a life reference to the family (§ 30 SGB VIII). Social Pedagogical Family Support  Families are supported in their parenting tasks, in coping with everyday problems, in resolving conflicts and crises, and in contact with offices and institutions through intensive care and accompaniment. It is usually designed for a longer period of time and requires the involvement of the family (§ 31 SGB VIII). Child-rearing in a Day Group  It supports the development of the child or adolescent through social learning in the group, accompaniment of the educational support and parent work, and thus secures the child or adolescent’s stay in his or her family (§ 32 SGB VIII).

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Full-time Care  It is intended to offer children and adolescents in another family a time-limited educational assistance or a permanent form of life according to the age and development of the child or adolescent and his personal attachments as well as the possibilities of improving the educational conditions in the family of origin (§ 33 SGB VIII). Institutional Care or Other Supervised Living Forms  Children and adolescents are ac-

commodated in an institution during the day and night (institutional care) or in another supervised living form. This should enable them to be promoted in their development through a combination of everyday experience with educational and therapeutic offers. It should try to achieve a return to the family according to the age and development of the child or adolescent as well as the possibilities of improving the educational conditions in the family of origin, prepare the education in another family or offer a form of life for a longer period of time and prepare for an independent life (§ 34 SGB VIII).

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Intensive Social Pedagogical Individual Care  It is to be granted to adolescents who need intensive support for social integration and for a self-responsible way of life. The help is usually intended for a longer period of time and should take into account the individual needs of the adolescent (§ 35 SGB VIII).

8.3.1.6  Inobhutnahme

The youth office is entitled and obliged to take a child or young person into its care if the child or young person requests custody or if there is an urgent danger to the child or young person’s welfare that requires custody. Custody includes the authority to temporarily accommodate a child or young person with a suitable person, in a suitable facility or in another form of housing, and in certain cases also to remove a child or young person from another person. During custody, the situation that led to custody is to be clarified together with the child or young person and possibilities of help and support are to be shown. The child or young person is to be given the opportunity to immediately notify a person of his trust. During custody, the youth office is responsible for the welfare of the child or young person and must ensure the necessary maintenance and health care (§ 42 SGB VIII). 8.3.2  Police and Public Prosecutor’s Office

As soon as the police (Police (§ 163 StPO) or the public prosecutor’s office (Public Prosecutor’s Office (§ 160 StPO)) receive knowledge of a suspicion of a criminal offence through a criminal complaint, a private prosecution or in some other way, they are obliged by law to investigate the matter. There is no scope for the police to exercise discretion or make decisions at this point. And this is regardless of their role in the police—whether they are a patrol officer or a youth worker. The investigation is conducted under the direction of the public prosecutor’s office in the preliminary investigation. Not every disruptive or improper behaviour ­constitutes

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a criminal offence. Therefore, it is possible that, after examining a complaint, the public prosecutor’s office decides not to carry out an investigation at all. The police are not allowed to discontinue a criminal proceedings or refuse to accept a complaint just because they do not consider an initial suspicion to be sufficient. Referring to other local jurisdiction is also not allowed if the affected citizen insists on making a complaint. Exceptions only apply if the law does not allow for the initiation of criminal proceedings. For example, criminal proceedings may not be brought against children because of their lack of criminal responsibility. > Only the public prosecutor’s office—not the police—decides whether or not a criminal offence has been committed; therefore, the police are obliged to take a criminal complaint.

Only the public prosecutor’s office can, with the consent of the court, refrain from further pursuing a minor offence (minor offence) (§ 153 StPO). This is the case if the offender’s guilt is considered to be minor and there is no public interest in pursuing the matter. In any case, an individual assessment is made. 8.3.2.1  Police and Victims of Crime

The role of the victim has changed massively for the police in recent decades (7 Chap. 4). The rights of the victim have been massively strengthened. The victim obviously has a special role with further rights (7 Chap. 7), but is also a witness and thus has at least the rights of a witness. 8.3.2.2  Police and Witnesses of Crime

Witnesses are usually first interrogated by the police. A summons to the police does not have to be complied with. However, it should be noted that the statement is one of the most important and convincing pieces of evidence in our legal system. Even if someone did not directly observe the crime themselves, witnesses can usually provide information about the damage caused by the perpetrator. The police and the prosecutor’s office are therefore particularly dependent on the testimony of witnesses. A summons from the prosecutor’s office to give evidence must be complied with (§ 161a StPO) (7 Chap. 7). An accompaniment may be brought along to an interrogation. This can be someone from the family or from the circle of friends. This person is allowed to be present during the interrogation and can only be excluded in exceptional cases. For example, a person who was a witness themselves should not be present during the interrogation in the same case. The accompaniment by a legal representative is of course also possible. In special cases, this legal representative is paid for by the state during the interrogation; psychosocial accompaniments are also possible. Psychosocial Process Accompaniment  Especially children and adolescents who have become victims of violence or sexual offenses have such a claim. Psychosocial process accompaniment is a professional support during the criminal proceedings, which is tailored to the needs of the victim. Thus, the victim can be accompanied during the questioning by the police, the prosecutor and in court. In many courts it is also possible to look together with the process accompaniment at the court room

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before the appointment. The aim is to reduce fears and to emotionally support the victim. Psychosocial process accompaniers also provide further assistance, such as therapy facilities. It is expressly not intended for the processing of the act. Therefore, psychosocial process accompaniers will not conduct a conversation about the facts of the case. They also have no right to refuse to testify. This means that they can be summoned as witnesses by the court. If victims receive psychosocial process accompaniment due to a court decision, they also have a right to free legal aid, which takes over the legal advice. Obligation to Tell the Truth  Witnesses are obliged to give a complete and truthful statement; the exception lies solely in the fact that someone would incriminate himself. No one has to testify to relatives, fiancés or related persons. However, this does not mean that a statement is made and then the truth may be lied about. Specifying Personal Information and Address  Personal information (name, marital

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status and address for service of process) must be given; if there are special risk factors, this can be dispensed with. From the outset—even without risk factors—the school address or the club address is the address for service of process for a teacher or trainer. The place of employment, the address of a lawyer or the address of a victim support organization can also be this. All of these circumstances must and will be explained to witnesses. These hints as part of the instruction are occasionally interpreted as mistrust of the witness— on the contrary, however, they serve to protect the witness and are therefore mandatory. 8.3.2.3  Offender-Victim Compensation

The offender-victim compensation (TOA) describes the efforts to compensate for an offender and victim of a crime in the sense of an ideal compensation for committed and suffered injustice. On the part of the offender, there is an assumption of responsibility and on the part of the victim the willingness to such compensation. The TOA is a form of extra-judicial conflict resolution. At the same time, it can enable the prosecutor to discontinue the proceedings or the court to reduce the sentence or to waive the sentence. The TOA is a method that is used in particular in the middle and heavier range of offenses; questions of mitigation of punishment or sentencing come to the fore. There are no legal provisions for the implementation of the TOA. Implementation and responsibility lies with the individual federal states, which have established different procedures and responsible parties. The responsible authority is usually informed by the prosecutor (or the court); offenders or victims can also approach this authority directly. The implementation and moderation of a TOA by an independent, generally neutral and specially trained person for this task as a mediator or facilitator is desirable. Ultimately, the prosecutor or the court will assess the suitability of the course and decide which legal consequences are to be drawn. Common settlement agreements are (Kerner & Hartmann, 2005): 5 formal apologies 5 return of stolen items

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5 compensation payments 5 gifts 5 work performance for the victim 5 damages 5 joint activities with the victim TOA and the Victim  The TOA allows the voluntary participating victim to actively and independently bring forward their interests and their view of the crime and to present its material and immaterial consequences. Through getting to know the offender, their motives and their current attitude towards the committed injustice, the victim might be able to better process fears resulting from the crime. A restitution voluntarily undertaken by the offender might often better correspond to the interests of the victim than the way via a civil lawsuit and the sometimes less promising enforcement. TOA and the Perpetrator  For the perpetrator, TOA offers a way to make up for it instead of just punishing it. By confronting the victim directly and getting to know the consequences of the crime immediately, there is a chance that the perpetrator will come to the realization of the wrong that has been committed and make corresponding changes with regard to his future behavior, thus reducing the risk of re-offending.

8.3.2.4  Danger Prevention

The role of the police does not end with being active only when something happens, but it has to be active in danger prevention beforehand. While the task of law enforcement arises from federal law (StPO), the legal basis for danger prevention lies in the respective police laws of all federal states. What initially sounds like a big mess is not a practical problem, because the basic rules are basically the same. However, this statement only applies to the basic rules. In total, the legislature has ascribed few restrictions and at the same time few binding detailed tasks. There are no uniform standards, goals and working methods, so that in some cases even different prevention programs for the same topic are practiced or not offered in certain local areas. This can lead to irritation for the citizen if, for example, he can no longer access certain preventive measures after moving. Enlightenment Task  The police have a task of participation in prevention—not a

task of taking over the responsibilities of other responsibility holders. For children and young people, educational goals and methods are always in the foreground. This makes the responsibility of educational and training institutions and youth welfare. The immediate preventive activities of the police include: 1. Presence in public (patrol duty, contact officers). 2. Technical advice (burglary or theft protection). 3. Behavior-oriented advice (behavior in case of robbery, witness and helper behavior). 4. Information work (brochures, information leaflets, press releases).

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The police’s knowledge is primarily passed on to multipliers (teachers, social workers, volunteers, club trainers, trainers of rescue services or fire brigade). Under the pedagogical responsibility of the respective carrier, work can also be done directly with children and young people. The following advantages arise: 5 High acceptance and authority of the institution police. 5 Basic interest and curiosity through the profession of police. 5 No interpretation of the information as school material. 5 The communication of crime or violence topics is considered authentic. Danger Prevention Task  In addition to this preventive advisory role, the task of danger prevention exists. The police’s ideas of when the police should take action regularly differ from the ideas of those affected or their parents. A major reason for this is that the ideas about the existence of a danger differ from each other. From the perspective of a knowledgeable and level-headed observer, it must be estimated whether, in the event of an unimpeded course of events in the foreseeable future, with a sufficient probability of damage occurring—in a preliminary assessment (7 A Job for the Police or Not?).

8 A Job for the Police or Not?

1. An unknown man regularly hangs around the school yard and talks to students as they leave the property—a danger lies ahead. 2. Two young men regularly hang around the school and try to incite younger students to theft—a danger lies ahead. 3. Two 16-year-old students regularly report to other students on the school yard about their sexual experiences—no danger lies ahead. 4. An older club member—a single man—regularly stands on the edge of the football field and watches the younger teams train—no danger lies ahead.

The possibly most important instrument at an early stage is the police’s authority to carry out a dangerous approach. The dangerous approach is a behavior-influencing instrument. The individual approach signals to the potential danger that there is police interest in his person, that the danger situation is registered with the police and that the situation is taken seriously. The individual approach causes the offender to be made aware of an increased risk of detection and that additional information can be obtained through the conversation, which forms an important basis for police follow-up action. In addition, it has the goal, especially in the field of juvenile crime, to influence the typical youth norm insecurity by clear boundary setting and the demonstration of consequences, in the direction of socially conformist behavior. > The dangerous approach is a tried and tested means of influencing a danger in his behavior.

The police must weigh up whether it is the causal action that makes it proportionate for officers in uniform or civilian clothes to appear at the residential address, at

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school or at other places where a child or young person is present, and to address the person concerned about his past and future behavior. 8.3.3  Courts

The sanctions of juvenile courts are derived from the Juvenile Court Act (JGG). The options of educational measures, disciplinary measures, improvement and security measures as well as juvenile punishment arise. 8.3.3.1  Educational Measures Instructions  These commandments and prohibitions are to regulate the life of the

juvenile and thus promote and secure his education (§ 10 JGG). Unreasonable demands may not be made on the life of the juvenile. These instructions may in particular be: 5 Determination of the regular place of residence. 5 to live with a family or in a home. 5 to take up an apprenticeship or job. 5 to perform work. 5 to submit to the care and supervision of a specific person (caregiver). 5 to participate in a social training course. 5 to try to reach an agreement with the injured party (victim-offender mediation). 5 to refrain from traffic with certain persons or from visiting guest or entertainment establishments. 5 to participate in a driving course. If the person entitled to education agrees, curative treatments or detoxification cures may also be ordered. If the juvenile does not comply with the instructions, juvenile detention may be imposed for a maximum of four weeks (§ 11 JGG). The execution is waived if, after the arrest has been imposed, the juvenile complies with the instruction. Youth Aid  A youth may be ordered by the youth office, after hearing, to accept a

youth welfare worker or to live in a supervised facility. The welfare worker should support the child or youth in coping with developmental problems, involving the social environment as much as possible and promoting independence while maintaining a connection to the family (§ 30 SGB VIII). The supervised facility is intended to promote the development of children and adolescents through a combination of everyday experience with educational and therapeutic offerings. It should, according to the age and developmental stage of the child or adolescent and the possibilities for improving the educational conditions in the family of origin, try to achieve a return to the family, prepare for education in another family, or provide a form of life-long living and prepare for independent living. In addition, adolescents are advised and supported in matters of training and employment, as well as in general lifestyle (§ 34 SGB VIII).

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8.3.3.2  Breeding Means Warning  It is initially only a formal reprimand, which is noted in the justification

of the judgment. In practice, it is often combined with educational measures. The purpose of a warning is to make the youth aware of the wrongfulness of his act and to show him the consequences of further offenses (§ 14 JGG). To emphasize the importance, there is a separate warning hearing in addition to the actual proceedings. A warning is appropriate for one-time, minor offenses, such as shoplifting of lowvalue items or vandalism in youthful exuberance. Conditions  The content of a condition can be compensation for damages, an apol-

ogy to the injured, the performance of work or the payment of a sum of money to a charitable institution (§ 15 JGG). The fulfillment of the condition is initiated and monitored by the youth welfare office or the court. If conditions are not met, a juvenile detention center is threatened, as with educational measures. Youth Custody  The different types of custody (weekend custody, short-term cus-

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tody or long-term custody) are ordered if the imposition of a youth sentence is not necessary, but the young person should be made aware of the wrong of the deed. It is carried out in special institutions (youth custody institutions) or custody rooms. Youth custody (§ 16 JGG) does not have the effect of a sentence, in particular there is no entry in the criminal record, but in the educational record (glossary). The Weekend Custody is usually carried out on weekends from Saturday morning to Sunday evening or Monday morning. Its educational effect is often questioned because pedagogically trained staff is only available to a limited extent at weekends. In practice, it is often used in the hope that the suffering suffered at the time of imprisonment will bring the convict back to respecting the rights of others. Short-term custody is a substitute for weekend custody if this is not appropriate. It may not last longer than four days. In practice, it is only used rarely. In long-term custody, imprisonment for a period of up to four weeks. The imposition of more than two weeks of long-term custody is sometimes criticized in practice, as from this duration the positive effects of the suffering of imprisonment are replaced by the negative, the habituation. Among the professional groups involved in juvenile proceedings, this sanction is controversial. It requires that the convicted persons be able to work on their educational deficits during custody, so that longterm custody takes on the character of a stationary social training course. A special form is the arrest for failure to comply, which is imposed if the convict does not comply with the court’s instructions or orders or does not pay the fine in the fine proceedings and also does not perform the community service imposed as a replacement. The arrest for failure to comply is also highly controversial among those involved in juvenile proceedings. 8.3.3.3  Measures of Improvement and Security

In particularly severe cases, the measures of improvement and security provided for in general criminal law apply. These are placement in a psychiatric hospital or a rehabilitation facility, probation, or revocation of driving privileges (§ 7 JGG).

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8.3.3.4  Youth Sentence

It is imposed only if the accused exhibits harmful tendencies or if, because of the seriousness of the offense, educational measures and disciplinary action are not sufficient. Harmful tendencies are deficiencies that, without extended overall education, entail the risk of committing further such offenses or are not just minor offenses. The seriousness of the offense is determined for younger offenders by the offender’s subjective relationship to the offense and less by its external seriousness. The minimum sentence is six months, the maximum is five years, and for serious crimes, ten years. Sentences of up to two years are suspended if it is expected that the offender will already regard the conviction as a warning. The variant of pretrial probation is often used, in which the decision on probation is reserved for a later decision after the verdict. In the meantime, the convicted person has the opportunity to earn this way through good behavior and by complying with conditions and instructions. The sentence is entered in the Federal Central Register.

8.4  Tertiary Instances—Re-socialization

The element of re-socialization would be significant if a juvenile, due to a juvenile sentence, had to be reintegrated into society after staying in a correctional facility. Since, in turn, a consideration of the offender’s side would take place here, only the general process is set out briefly at this point. If, as a result of criminal behavior, a sanction is imposed in the penal system, the aim is primarily to achieve reintegration into society; this is how the juvenile penal codes of the countries sometimes stipulate. Others, on the other hand, place the task of protecting the general public from further crimes in the foreground. For juvenile detention, the goal of enabling a life without crime in freedom is of particular importance (BVerfG, 2006). This detention goal is often referred to as socialization, since many offenders are introduced to socially binding norms for the first time in detention. Methods of psychotherapy, pedagogy and medicine are used for this purpose, among other things, through the probation service and the probation service.

References Baier, D., Pfeiffer, C., Rabold, S., Simonson, J., & Kappes, C. (2010). Kinder und Jugendliche in Deutschland: Gewalterfahrungen, Integration, Medienkonsum. KFN. Berliner Beauftragte für Datenschutz und Informationsfreiheit. (2016). Datenschutz und Informationsfreiheit. Jahresbericht 2016 (S. 96). Arnold. BMFSFJ. (2003). Gewaltfreie Erziehung. Bundesministerium für Familie, Senioren, Frauen und Jugend. Bundesministerium der Justiz. Bussmann, K.-D. (2001). RdJB 2001, 35, 52. BVerfG. (1976). 1 BvR 2325/73, Urt. v. 27. Januar 1976, BVerfGE 41, 251–266. BVerfG. (2006). 2 BvR 1673/04, Urt. v. 31. Mai 2006, BVerfGE 116, 69–95. BVerfG. (2010). 1 BvR 1750/09, Nichtannahmebeschl. v. 16. August 2010, NJW 2011, 36. Cherry, A. L., Baltag, V., & Dillon, M. E. (2016). International handbook on adolescent health and development: The public health response (p. 403). Springer.

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DSGVO. (2016). Verordnung (EU) 2016/679 des europäischen Parlaments und des Rates vom 27. April 2016 zum Schutz natürlicher Personen bei der Verarbeitung personenbezogener Daten, zum freien Datenverkehr und zur Aufhebung der Richtlinie 95/46/EG (Datenschutz-Grundverordnung). Amtsblatt der Europäischen Union v. 04. Mai 2016. L 119/1–L 119/88. Elliot, D. (1999). Editor’s introduction. In D. Olweus & S. Limber (eds.), Blueprints for violence and prevention: A bullying prevention program. Institute of Behavioral Science, University of Colorado. Feierabend, S., Plankenhorn, T., & Rathgeb, T. (2017). JIM 2017 Jugend, Information, (Multi-) Media. Medienpädagogischer Forschungsverbund Südwest. Forsa. (2011). Gewalt in der Erziehung. Forsa. Frees, B., & Koch, W. (2018). ARD/ZDF-Onlinestudie 2018: Zuwachs bei medialer Internetnutzung und Kommunikation. Media Perspektiven, 9, 398–413. Gershoff, T., & Grogan-Kaylor, A. (2016). Spanking and child outcomes: Old controversies and new meta-analyses. Journal of Family Psychology, 30(4), 453–469. Greene, M. (2006). Bullying in schools: A plea for measure of human rights. Journal of Social Issues, 62(1), 63–79. Jugendgerichtsgesetz (JGG). In der Fassung der Bekanntmachung v. 11. Dezember 1974 (BGBl. I S. 3427), zuletzt geändert durch Art. 4 des Gesetzes v. 27. August 2017 (BGBl. I S. 3295). Kerner, H.-J., & Hartmann, A. (2005). Täter-Opfer-Ausgleich in der Entwicklung. BMJ. Kliegel, M., & Zeintl, M. (2009). BGAG-Report 1/2009. Maßnahmen zur Prävention von Gewalt an Schulen: Bestandsaufnahme von Programmen im deutschsprachigen Raum. Meckenheim: DCM. Lange, H., & Sinnig, S. (2007). Kämpfen, Ringen und Raufen (S. 11). Limper. Livingstone, S., & Haddon, L. (2009). EU Kids Online: Final report. EU Kids Online. Nave-Herz, R. (2012). Familie heute – Wandel der Familienstrukturen und Folgen für die Erziehung (5. Aufl.). Primus. O’Moore, A. M., & Minton, S. M. (2004). Ireland: The Donegal Primary School’ anti-bullying project. In P. K. Smith, D. Pepler, & K. Rigby (Hrsg.), Bullying in schools. How successful can interventions be? (pp. 275–288). Cambridge University Press. Olweus, D. (1997). Gewalt in der Schule. Huber. Olweus, D. (2004). The Olweus Bullying Prevention Programme: Design and implementation issues and a new national initiative in Norway. In P. K. Smith, D. Pepler, & K. Rigby (Hrsg.), Bullying in schools. How successful can interventions be? (pp. 13–36). Cambridge University Press. Pellegrini, A. D., & Bartini, M. (2000). An empirical comparison of methods of sampling aggression and victimization in school settings. Journal of Educational Psychology, 92(2), 360–366. Pepler, D. J., Craig, W., Ziegler, S., & Charach, A. (1994). An evaluation of an anti-bullying intervention in Toronto schools. Canadian Journal of Community Mental Health, 13(2), 95–110. Ploog, D. (1998). War and peacemaking. The fusion of two neighboring captive monkey colonies. In I. Eibl-Eibesfeldt & F. K. Salter (Hrsg.), Indoctrinability, ideology, and warfare: Evolutionary perspectives (pp. 525–553). Berghahn. Puttalaz, M. (1983). Predicting childrens’ sociometric status from their behavior. Child Development, 54(6), 1417–1426. Schäfer, M., & Korn, S. (2005). Gewalt fängt im Kleinen an: Zur Stabilität von Mobbing zwischen Grund- und weiterführender Schule. In I. Seiffge-Krenke (Hrsg.), Aggressionsentwicklung zwischen Normalität und Pathologie (S. 88–113). Vandenhoeck & Ruprecht. Smith, P. K., Madsen, K., & Moody, J. (1999). What causes the age decline in being bullied at school? Towards a developmental analysis of risks of being bullied. Educational Research, 41(3), 267–285. Sozialgesetzbuch (SGB VIII). Achtes Buch Kinder- und Jugendhilfe. Neugefasst durch Bekanntmachung v. 11. September 2012 (BGBl. I 2022), zuletzt geändert durch Art. 10 Abs. 10 des Gesetzes v. 30. Oktober 2017 (BGBl. I 3618).

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Spengler, S., & Woll, A. (2013). The more physically active, the healthier? The relationship between physical activity and health-related quality of life in adolescents: The MoMo study. Journal of Physical Activity and Health, 10(5), 708–715. Stormshak, E. A., Bierman, K. L., McMahon, R. J., & Lengua, L. J. (2000). Parenting practices and child disruptive behavior problems in early elementary school. Conduct problems prevention research group. Journal of Cinical Child Psychology, 29(1), 17–29. World Health Organisation. (2010). Global recommendations on physical activity for health. World Health Organisation.

Rudi Heimann

(Dipl.-Verw.), Vice President of South Hessian police headquarters, head of a central foreigners authority, teaches the subjects of criminology, leadership theory and police deployment management at the Hessian University of Applied Sciences for Police and Administration. He is a guest lecturer at the German Police University and the BKA; one of his main areas of research is sexualised violence. He has published on topics such as exhibitionism, violence against women and is intensively involved with human behaviour in safety-critical situations. He trains trainers and educators to become DOSB-licensed violence protection trainers; he himself conducts violence protection seminars for a wide variety of target groups. Kathrin Kullmann

studied primary and secondary education (primary education and sport) at the University of Koblenz-Landau (1999–2005). Since 2010, she has been the deputy headmistress of a primary school with more than 350 pupils, where she is the contact person for prevention against sexual violence in schools. Lecturer at the Sports Institute of the University of Koblenz in the field of swimming. Head of experiential teaching series in a grammar school. Seminar leader in the area of crisis and conflict management for children and young people. Since 1995, trainer in a swimming club with children and young people in all age groups. Licensed violence protection trainer.

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Educational and Training Institutions The Most Important Additions to Parental Education Kathrin Kullmann Contents 9.1 Introduction – 156 9.2 Care of Toddlers – 157 9.3 Kindergarten – 157 9.4 Transition to School – 158 9.5 Legal Mandate – 159 9.5.1 School Law – 159 9.5.2 School Rules—Possibilities and Limits – 160 9.5.3 Contacts at School – 164

9.6 Youth Office – 165 9.7 Social Office – 166 9.8 School Psychology – 166 9.9 Out-of-School Support and Counseling Services – 167 9.9.1 Projects and Training – 168 9.9.2 Pedagogical Days – 168 9.9.3 School Sports – 168

References – 169

© The Author(s), under exclusive license to Springer Fachmedien Wiesbaden GmbH, part of Springer Nature 2022 R. Heimann and J. Fritzsche (eds.), Violence Prevention in Education, School, and Club, https://doi.org/10.1007/978-3-658-38551-4_9

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A positive and consistent engagement with one’s own and foreign competence inevitably leads to success in education and training. This also includes the development and deepening of a fundamental ability to solve problems. However, the path to this goal is lined with numerous, highly variable factors that have a significant impact on an optimal, average, or failed educational and training path. The desired goal of educational action is dependent on factors such as the personality of the person to be educated, their aptitudes, prior experiences, the mood and atmosphere in the group, as well as the prevailing attitudes, behavioral rules, routines, and rituals. The personality and behavior of the educators, the goals they are trying to achieve with their educational actions, the means they use, the climate prevailing in the educational institutions, the quality of cooperation, the economic, social, and organizational conditions under which education takes place, and finally the zeitgeist of education and the value (or lack thereof) placed on education (including classroom instruction) in public opinion, all gain importance. The successful life and career path of a young person is dependent on inner- and outer-familial structures and circumstances, which in turn interact with the development of their own personality and ultimately have a decisive influence on their personal development.

9.1  Introduction

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The Basic Constitutional Law (Art. 6, para. 2 GG) stipulates the “upbringing and education of children as the natural right of parents and the duty primarily incumbent on them”. At the same time, schools fulfil an “independent educational and educational mission” on behalf of the state (KMK, 2003). In doing so, schools and parental homes must not be seen as two separate areas of activity. Rather, school sees itself as a cooperation partner, as a complementary institution to the parental home. Only a partnership cooperation defined at school level can support and promote the child’s maturation process. Only willingness, commitment and a responsible togetherness can lead to an optimal and individual progress of the child. Each federal state has developed its own concepts in which the intensity and scope of parental involvement are designed in state constitutions and school laws. As the overall societal structures in Germany have changed considerably in recent years through a stronger involvement of other cultures, the place of life school must also react flexibly and appropriately. In addition to family education, a significant part of children’s education is shaped by the attendance of educational and educational institutions. Children spend more and more time in daycare and schools. The range of services for children under three years of age is constantly being expanded and more and more kindergartens are open all day. An increasing number of primary schools offer afternoon care, while more and more schools are becoming full-day schools. In these institutions, education and education are entrusted to teachers, social pedagogues, educators and other professionals. Higher performance can be expected from such professionally trained people than from parents. This does not mean that the responsibility for education is transferred to these institutions. However, this does not mean that these institutions can rely on the parents. They have to make sure that bullying, inadequate promotion and lack of support do not have any room. If a normally gifted student leaves the secondary school without a degree, it is not the

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young person who has failed, but the school, because it has not fulfilled its educational task. If a student develops strong fears because he is constantly exposed to bullying in the class, the school has failed because it has not protected this child. If a primary school student cannot follow the lesson due to his poor German skills, the daycare has failed because it has not carried out the language promotion entrusted to it in accordance with the needs of this child—if it has had the opportunity to do so. If, in retrospect, reference is made to educational plans or state laws, exemplary sources are named. For the respective sources, a research specific to the federal state is recommended. 9.2  Care of Toddlers

The professional recommendations of the Federal Working Group of the State Youth Offices (BAGL, 2009) on the quality of education, care and support of children under three years of age in day-care facilities and family day care give priority to meeting the basic needs of children. The special needs of this age group include: 5 Loving attention 5 Empathetic and caring care 5 Encouraging and developmentally appropriate development 5 Empathetic concern and support in stressful situations 5 Unconditional acceptance 5 Security and comfort The educational promotion at this stage of life is primarily understood as relationship building with the child and as development-accompanying holistic development. It is accompanied by the educational partnership with the parents. The educational processes take place in social interaction, during interaction and communication and above all in play. Special development themes of early childhood development are the promotion of communication and language as well as the development of movement or motor development. The educational plans of the state (BStMAS, 2012) for day-care centres therefore expressly provide for a comprehensive and holistic development of all competence and development areas of toddlers. At the same time, clear guidelines for action are available in cases of possible child endangerment (BAGL, 2016). 9.3  Kindergarten

The early childhood education institution kindergarten has, in addition to other pre-school care facilities such as day-care centres, the central, social pedagogical task of “care, education and upbringing” in complement to family education. In the overall complex of pre-school and school education institutions, the kindergarten represents the elementary stage of the education system. Legally, child and youth welfare institutions are assigned to social welfare. Since 2013, there has been

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a legal entitlement to a kindergarten or day-care place for children from the age of one year up to school age (§ 24 SGB VIII) in Germany. Due to an increased expansion dynamics in child day-care, which is based on an increase in births, immigration of children seeking protection and asylum, and the employment of both parents, the demand for day-care places has increased quantitatively. An extended, internal adaptation to the changed, overall social modifications was thus unavoidable (Bildungsbericht, 2018). The educational mandate or orientation plan is individually designed by the corresponding institution and is usually transferred by the parents to the kindergarten by means of a (care) contract. In contrast to this stands the independent, school mandate of the state, which is to be considered independently of the parents’ right of education. Social integration as well as holistic education and upbringing are the elementary pedagogical principles, in complement to age-appropriate and development-specific stimuli, experiences, offers and promotion beyond the family environment. Through mainly innovative and playful learning forms, the child should develop into a responsible and community-compatible personality. Each child, regardless of his or her social background, should receive the same starting chances to the new life space school. In order to ensure an optimal transition to school, a sufficient range of experience with the core competencies such as self-confidence, pride, confidence and composure should be available (Rogalla, 2013). Many parents are often unsure or anxious that their child does not yet have the necessary maturity to meet future academic requirements or even overestimate their child’s ability. A phenomenon that is taking up more and more space is shown in families who have recently migrated and still have a different cultural understanding of the sense of attending a kindergarten and later school. For coping with the transition, the use of basic skills such as communication, empathy, problem solving and stress management is even more important (Fthenakis et al., 2007). Among other things, this should include intensive cooperation and networking of educational opportunities with offers from youth and social services and the health sector. 9.4  Transition to School

When children transition into the new life stage of school, they bring with them different experiences, learning requirements and individual learning needs that the elementary school builds on as the common elementary level of education. At the time of enrollment, the primary goal is not only to have a certain state of social and performance behavior, but the process of coping and personal accompaniment also play a key role. In educational jargon, this state is referred to as school readiness. Before starting school, there is the opportunity for children with language weaknesses as well as for children with abnormalities in the social-emotional area to compensate for their disadvantages through targeted individual support. In addition to the offer of preliminary courses to compensate for language weaknesses, socially-emotional impaired children can be deferred at first and prepared for school start in a preparatory class over the course of one year. For this to be possible, close cooperation between school and kindergarten is required in order to define, further develop and finally also recall the competencies to be developed. Reciprocal expectations between kindergarten and school must be defined openly and clearly, t­ aking

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the parents’ rights into account. The educational concept of the kindergarten and, above all, the phase of preparatory work for school should be clearly defined, so that the educators can constructively build on it (Fthenakis et al., 2007) and parents know what to expect. 9.5  Legal Mandate

Different regulations are required to maintain the operation of the school, which provide a framework of orientation and also clear and binding structures for all parties (students, teachers, parents). These include the school laws, ordinances and decrees as well as school rules and the naming of contacts on the school level. 9.5.1  School Law

The school environment fulfills a public, community-oriented educational mandate with the desired educational goals of “willingness to engage in social action” (Art. 7 para. 1 Basic Constitutional Law) and “awareness of responsibility for nature and the environment” (Art. 131 para. 2 Bavarian Constitutional Law) (Böhm, 2018). In doing so, school and home enter into a natural, legally based relationship with each other. Thus, the school environment is not a service company that provides students and parents with one-dimensional services such as social-emotional learning, provision, deepening and expanding of subject matter, as well as individual support and challenges. Rather, all those involved in the school system are to be considered as equal legal subjects in the school relationship. Both school and home are in a reciprocal relationship with each other, with the primary goals of protecting, promoting and acting in the child’s interest. Both institutions have an equal influence on the child’s learning success and upbringing. They condition each other in expectations, demands as well as support needs. In addition to mere knowledge and value transmission, as well as the development of skills and abilities, the School Act, parallel to the social mandate, also includes the strengthening and further development of personality with the goal of allowing the student to mature into a competent and responsible personality who can exist in the social system. In this context, the educational goal of “personality or character development” is one of the most important school principles. Parents have to supplement the school’s personality development with their educational mandate. These and other educational goals are anchored in the constitution of most of the federal states of Germany and initially initiated in the school law and curricula (Uhl, 2011). In addition, the Hessian School Act states: “The schools should enable the pupils to act in accordance with ethical principles and to respect religious and cultural values (and) to shape the relationships with other people according to the principles of respect and tolerance, justice and solidarity […]. In particular, the pupils should learn to develop both the will to learn and to achieve results for themselves and others, as well as the ability to cooperate and to act socially, […] to develop their

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­ erceptual, emotional and expressive abilities and to develop creativity and initiap tive” (HSchG, 2004). Although schools can certainly set incentives in educational matters, “the positive effect is often less than expected […]. For it is, on closer inspection, unlikely that ‘ego-related’ personality traits such as value orientations and central behavioural dispositions can be changed with a little education. It is rather surprising that anything can be achieved at all in some cases.” (Uhl, 2011). Pursuing all educational goals with the same intensity is, given limited resources, hardly feasible. Rather, priorities must be set where the greatest need for action exists. Ideally, the most urgent educational tasks will be identified. For this, an objective inventory is required: “a kind of strengths-and-weaknesses analysis of the student body with a view to which of the desired knowledge, value convictions and behavioural dispositions are already present to a satisfactory extent and where there are still deficiencies.” (Uhl, 2011). Often, more areas of activity come together than can be coped with at once. These then have to be compressed into a feasible range of educational goals. They should be neither abstract nor general, but rather presented in an illustrative way. Overall, the school system thus comprises two basic overarching goals: socialisation and education, running in parallel and accompanying the educational mandate of parents. According to Fend (1980) the functions of school can be divided into five different classical functions: 1. Qualification (preparation for future life requirements in profession, private life and social functions). 2. Socialization (conveying of socially desired behavior). 3. Selection (school career decisions, selection and allocation of a social position or entitlement). 4. Legitimation (conveying of societal basic values for the purpose of securing loyalty and integration). 5. Personalization (sociology, personality development of the child). 9.5.2  School Rules—Possibilities and Limits

Social competence is developed where a person grows up, where social stimuli directly and directly affect him, in the family environment, in kindergarten, later in school and in clubs (7 Chap. 10). School as an supplementary institution to the parental home, has the values ​​conveying as a basic educational task next to the knowledge conveying. Action competence must be developed in order to be able to exist in a community and thus ultimately the group itself can exist. In this social maturation process, children and adolescents demand a given structure with transparent rules. Through familiar and recurring rituals and routines, they experience these habits, reliability and the feeling of security through these habits, to be able to face new and unknown situations stronger and more self-confident. In this system of order, rules present themselves as orientation points and markings—which, however, must be rethought, supplemented, modified or newly agreed upon over and over again. In this way, individual rules can gain or lose importance over the course of maturation and with increasing age. For a first-grader,

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the “reporting rule” (I report first and speak only when I receive the word) has a greater and higher importance than for a teenager. This should have internalized this rule to a large extent. In an existing system of rules, the child learns to adapt to communication and interaction situations under observance and consideration of current rules, to be willing to compromise on different conditions flexibly and self-confidently, to assert himself effectively if necessary, to represent and bring in his perspectives taking into account and considering the group. In this context, the following social-emotional skills are decisive, which support the learning of values (Saarni, 1999; Petermann & Wiedebusch, 2016): 5 Ability to self- and other-perception. 5 Ability to develop one’s own and other people’s emotions (being aware of one’s own emotions, expressing them verbally and mimetically, recognizing and understanding the emotions of others). 5 Ability to communicate one’s own thoughts and emotions. 5 Ability to be empathetic—to be able to participate in the emotional experience of the other. 5 Ability to take over perspective. 5 Ability to deal with stressful situations and negative emotions. 5 Ability to constructive conflict management. 5 Ability to self-efficacy (in social interactions can evoke desired reactions in others). The educational standards and curricula also take into account the imparting of values such as responsibility, cooperation, team spirit, conflict management, tolerance, willingness to learn, motivation, reliability, care, perseverance, resilience or independence. Thus, many house rules reflect many of these value systems and regulators that are based on the basic ideas. In order to be able to use everyday life in an institution such as school profitably, it is therefore indispensable to set rules and to ensure their compliance. Everyone has to contribute by recognizing and complying with the existing rules. The house rules contain these school regulations. They should be transparent (posters in the foyer, classroom, homepage) and explained. The house rules can explicitly contain certain main rights (Friebertshäuser et al., 2012): 5 Every student has the right to learn undisturbed. 5 Every teacher has the right to teach undisturbed. 5 It is a matter of respecting the rights of others. It is already a learning process for the individual student to sign the “house rules”, which are specifically tailored to the school. The expected behaviour should be praised in order to promote the ability to be aware of rules. It is also essential that the teachers always reflect the behaviour of the students towards the corresponding rules to the students in order to achieve the highest possible learning effect. Therefore, it is very counterproductive if, during a break, the teacher checks her messages on her smartphone visibly or communicates with a acquaintance in a chat group, although there is a house rule that says “I do not use my mobile phone in the school building”.

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A violation is the sole or joint non-compliance or infringement of a law, norm or agreement, which occurs deliberately, unconsciously or by omission, and which is associated with corresponding consequences for the perpetrator or the perpetrators. Violations can occur in different quality and intensity. Starting with a forgotten homework, using the mobile phone in class, up to a bodily injury. The school has the task and duty to appropriately and reliably punish rule violations. This also includes the written documentation of the incidents. Serious violations are also recorded in the student’s file. For minor violations, such as forgotten homework, usually a written information to the parents is sufficient by means of an entry in the homework notebook. In the case of gross and repeated violations, the parents must be informed in order to ensure transparency and the obvious, intensive cooperation between school and home for the student. This is additionally to be documented in writing with a memory protocol, parent letter and file entry. In order to prevent further possible misconduct and at the same time to identify the causes of the misconduct, first pedagogical measures are taken. They represent the first stage of a series of measures that are to be carried out basically one after the other. Therefore, it may be desirable from the point of view of the parents of students affected in individual cases that a perpetrator immediately experiences a massive order, but the graduated system initially requires other measures. Their application is based on the rule “not to violate the principles of proportionality and respect for the personality of the student.” (Rahn & Weiper, 2012). Since, in this case, the procedural requirements applicable to administrative acts cannot be left unchanged, a direct reaction to the student’s misconduct is possible. For example, the Hessian School Act provides for the following pedagogical measures as pedagogical means (§ 82 para. 1 HSchG): 5 The conversation with the student with the aim of changing the behavior. 5 The admonition. 5 Group discussions with students and parents. 5 The informal oral or written disapproval of the misconduct. 5 The commissioning of tasks that are suitable for making the student aware of the misconduct. 5 The make-up of missed lessons after prior notification of the parents; also outside of class time (“sitting”). 5 The temporary removal of objects that disturb the lesson or the order of the school or can disturb them (e.g. mobile phone, toy, knife, etc.). In the end, more serious violations of the rules will be punished by disciplinary measures (. Fig. 9.1); these are (§ 82 para. 2 HSchG): 1. Exclusion from lessons for the rest of the school day, if necessary with the obligation to attend lessons in another class or learning group, 2. Exclusion from special class or school events as well as from lessons in optional subjects and voluntary teaching events, 3. Temporary assignment to a parallel class or to another learning group for a period of up to four weeks, 4. Assignment to a parallel class or to another learning group, 5. Temporary exclusion from school attendance for a period of up to two weeks, 6. Transfer to the same educational programme at another school, 7. Expulsion from the attended school.

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Expulsion (permanent) Expulsion (temporary) Assignment to another learning group (permanent) Assignment to another learning group (temporary) Class exclusion (special events) Class exclusion . Fig. 9.1  Disciplinary measures

Disciplinary measures according to No. 2 to 5 may be threatened in writing as a pedagogical measure. Disciplinary measures according to No. 6 and 7 must be threatened in writing; in individual cases, the prior threat may be dispensed with if this is no longer appropriate in view of the circumstances of the misconduct (§ 82 para.2 HSchG). Corporal punishment and other degrading measures are prohibited (§ 82 para. 3 HSchG). Measures are only permissible if: 1. the pupil culpably violates a legal norm, administrative regulation or the school regulations at school or does not follow the instructions of the school head, the teacher or other authorized persons, insofar as the instructions are necessary for the fulfilment of the educational mandate of the school or serve to protect persons and things and pedagogical measures and means have proven to be ineffective, 2. the protection of persons and things requires this. Measures according to § 82 para. 2 cl. 1 no. 2 to 4 HSchG may only be used in the event of a significant disturbance of the school or teaching operation, a danger to the safety of persons involved or the causing of significant damage to property and the resulting impairment of the education of fellow students. These significant disturbances make the prior warning to a measure under certain circumstances dispensable (7 Measures taken without Warning). Measures Taken without Warning (Hoegg, 2016)

Measures can be taken without warning directly in drug trafficking, hitting a teacher, burning a notebook shortly before grades are issued, making a classmate drunk, who then has to be hospitalized with alcohol poisoning, announcement of a rampage, rape of a female classmate or dangerous bodily injury such as a knife wound.

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Measures according to § 82 para. 2 cl. 1 no. 5 to 7 HSchG may only be used in the event of particularly serious disturbances of the school or teaching operation or serious injury to the safety of persons involved and the resulting ongoing endangerment of the education of fellow students. In addition to measures under criminal, administrative offence or child and youth welfare law, measures according to para. 2 cl. 1 no. 5 to 7 may only be applied if they are additionally required and do not conflict with the purposes of the other measures (§ 82 para. 5 HSchG). The application is to take place in good time so that the connection to the misconduct is not lost. The pupil’s behaviour is decisive for decisions on the form of the measure. A pupil who regularly disrupts the course of lessons can be assigned to another learning group for one morning. If the misconduct intensifies and working together in the class is no longer tolerable, the pupil can be permanently assigned to the old learning group and assigned to a new one. Extracurricular behavior can only be taken into account if it directly interferes with the operation of the school and the lessons. If No. 6 and 7 are relevant, the student can be temporarily excluded from the lessons and from other school events by the school principal until the final decision, but at most for four weeks, if this is necessary to maintain the operation of the school or the lessons or the safety of persons (82 para. 6 HSchG). 9.5.3  Contacts at School

The school or everyday life of a child and adolescent is filled with the most diverse situations, which sometimes have a new and sometimes high intensity. If there is a need for conversation, the school environment, depending on availability and type of school, offers the most diverse contacts. For example, there is usually no class teacher in primary school. This special function often automatically belongs to a class teacher. However, primary schools are usually equipped with school social workers and, since 2018, so-called UBUS staff (social pedagogical specialists for accompanying support) in Hesse. In a class structure, the most diverse cultures, mentalities and problem areas often collide. The temporal timing of the lesson and its desired learning objectives, the various needs for promotion and support of the children require a lot of sensitivity for each individual child and corresponding internal and external differentiations in the professional everyday life of a pedagogue. The social pedagogical specialists act here as compensators with the possibility of responding more individually to the personal needs of the child. In secondary schools, students elect a class teacher or class representative; usually for one year. This gives the opportunity to consult the class teacher in case of perceived unfair treatment or assessment, as well as personal or family problems. Sometimes a class teacher is also elected to represent the special interests of girls at the schools. In some cases, there are also school chaplains at the schools. If the advice and support of the school’s specialist staff is not sufficient in concrete and intense problem cases, other institutions can be used (7 Chap. 15) such as the youth office, school psychology, counseling centers, Pro Familia, child pro-

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tection association (also advise teachers and other pedagogical specialists in coping with acute conflict situations) or the police (Schmidt & Rademacher, 2015). 9.6  Youth Office

It is the task of the school to protect children and adolescents from risks to their physical, social, emotional and cognitive development. It is to be designed in such a way that the joint education and the joint learning of all pupils can be realized to the greatest possible extent and each pupil is appropriately promoted taking into account the individual starting situation in physical, social and emotional as well as cognitive development. “It is the task of the school to take preventive measures against impending failure and other impairments of learning, language and physical, social and emotional development.” (§ 3 para. 6 HSchG). In particular, the responsibility of the school in situations of child endangerment is emphasized by the fact that the school works together with the youth offices. If there are indications of a risk or impairment of the welfare of the pupil, the competent youth office is to be informed (§ 3 para. 10 HSchG). In order for parents to be able to exercise their rights and responsibilities in a appropriate manner, the school institution must generally point this out in the event of corresponding incidents (e.g. impending failure to promote). Depending on the case, parents must be informed of suspicion and the possible request to take advantage of the support and help of the youth office. In the event of an actually observed child welfare hazard, which poses an immediate physical or mental damage to the child, the immediate protection of the child takes precedence over a differentiated clarification process. Thus, the school may, without the knowledge of the parents, involve the youth office if this protection is not ensured by the persons or institutions already involved, or if the involvement of the parents endangers the welfare of the child (possibly taking into care). The information of the persons entitled to custody is carried out by the youth office. In any case, the school management must be involved and act accordingly. Obligations to act arise from the employment relationship described between teachers. Violations of the duties and information obligations laid down therein can lead to disciplinary and employment law sanctions. Teachers and school management may be liable to prosecution under the Penal Code (fine or imprisonment) if they do not take any action despite clear indications of a child welfare hazard in a pupil (7 Chap. 7). Therefore, organizational measures (e.g. development of concepts, creation of suitable structures) should also be taken so that teachers can react appropriately to suspicion. Institutionally secured counseling offers must ensure that teachers are aware of these offers of help and can be supported when it comes to the necessary steps. Even if quick intervention seems necessary to help a possibly abused child or adolescent, teachers must follow the official procedure and coordinate any official action (with the exception of the use of counseling services such as the school psychological service) with the school administration. There may already be measures initiated or information available there that are necessary for the child’s welfare but not yet known to the entire staff. Acting on one’s own initiative can lead to disciplinary measures.

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When making a report based on the suspicion of a crime, data on the student may be forwarded to authorities such as the police, the prosecutor’s office or the court. Data protection regulations allow such a procedure (§ 83 HSchG). The school administration is to be informed regularly before the information and the personal data of the student are passed on. In addition, the transmission of personal data to other public bodies is always permissible if it is necessary to fulfill statutory tasks.” (Magistrat der Stadt Frankfurt, 2011). 9.7  Social Office

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The social offices of the Federal Republic of Germany have, among other things, the task of supporting children in overcoming special social difficulties or those who are in special living conditions. In order to improve the stressful life situation, the social office can only be active if the affected persons are not able to do so on their own. This is usually the case with children and adolescents. Special living conditions are, for example, a lack of living space, negative relationships with the environment, lack of education, life circumstances marked by violence or similar stressful situations. The social difficulties then exist if the affected persons cannot interact sufficiently with the environment or suffer from social and family deficiencies. The aim is that the needy or their guardians can cope with the social difficulties independently. The following services are available, inter alia: 5 Personal advice and support for the person concerned, his relatives and guardians. 5 Securing school education. 5 Establishment and maintenance of social relationships and shaping of everyday life. 5 Money and in-kind benefits. A long-term measure of the integration assistance of the social office is the socalled school accompaniment (integration helper or school assistant). This supports children with physical, mental disabilities or mental health problems in everyday school life. It includes all measures that are suitable and appropriate to ensure that a student can participate fully in the lessons. At the same time, it is not a rehabilitation measure or help in education. The support essentially consists in the care and all-round educational help such as the accompaniment in the lessons, on the way to school, during the breaks, on class trips, as a mediator between the affected child and the environment. 9.8  School Psychology

School psychology supports the work of schools through offers of preventive, psychological and system-related counseling (§ 94, para. 3 HSchG). These are always confidential, voluntary and free of charge (duty of confidentiality according to § 203 StGB). If necessary, it cooperates with other institutions (youth office, youth

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welfare, police, doctors, therapists, therapeutic facilities, etc.). The state school offices have school psychologists with the corresponding jurisdiction assigned to the individual schools. The contact details can be found publicly on the respective presence page of the (Hessian) Ministry of Education (e.g. “Contact details of school psychological contacts for violence prevention”). School psychological counseling centers in Germany are also available online. The school psychological service can be used by all those affected by the school system, from school management, via teachers to students and parents. The latter can also contact the school psychologists independently. However, depending on the problem, it makes sense and is advisable to agree with the responsible teacher in advance so that he can react immediately and supportively to improve the situation. Students often use school psychology in the following cases: 5 Conflicts with other students or teachers (e.g. bullying). 5 Problems related to learning (poor grades, fear of class work, homework). The work in groups can also be supported, with regard to learning and method training, constructive dealing with conflicts and the learning of relaxation methods. Parents receive counseling and help on general parenting topics, in case of mental and social illnesses of their child or also in case of learning and performance problems. The school psychology is also available for advice on emotional, motivational and social behavior. The school system can be supported in very diverse ways by the school psychological service. There is a wide range of continuing education courses for teachers and school principals. The school psychology can also participate and support in school development processes. Pedagogical conferences may include the participation and consultation of school psychologists (e.g. on topics such as school climate, violence in schools, performance assessment). In acute and crisis situations, the school psychological service also acts as a consultant and helper. 9.9  Out-of-School Support and Counseling Services

Depending on the need, there are various counseling and support services for those affected by the field of school (students, parents, teachers, school leaders). Usually, a whole network of trained, pedagogical professionals is used, depending on the quality of the support needs. If the in-school assistance is exhausted through special education teachers, social pedagogical specialists, school psychologists or school chaplains, parents can also turn to external support and counseling services such as therapeutic facilities or private therapists and psychologists, the youth office, the police (youth coordinator of the police headquarters), parenting and counseling centers, church organizations (e.g. Diakonisches Werk, Caritas) or non-profit organizations (e.g. German Children’s Aid, Arbeiterwohlfahrt) (7 Chap. 15).

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9.9.1  Projects and Training

Violence prevention should be part of every school program and its basic concept actively integrated into the everyday life of all school members by all educational professionals. All educational professionals should be able to perceive social-emotional problems as well as physical violence and bullying among children and adolescents and respond appropriately. In order to ensure this, appropriate measures, such as projects and training, should be the task of every school. Social coexistence can be strengthened in various ways. Social learning in the class or the class council are proven methods of violence and bullying prevention because they help to increase self-esteem. The imparting of media competence is also a prevention of cyberbullying (7 Chap. 8 and 1). Tailor-made concepts must be developed for each school or institution and the employees must be qualified accordingly. For this there are various support and training offers on different levels (7 Chap. 15). Further counseling services, projects and activities can be used to support the development of violence prevention work at the respective school or institution. Suitable projects for the thematization of violence and bullying would be, for example, the performance of a play and theater pedagogical projects with children and adolescents (Schmidt & Rademacher, 2015).

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9.9.2  Pedagogical Days

Pedagogical Days are an internal school training in which all school teachers, primarily outside of class time, participate. The training offers can, for example, be oriented towards the current needs of the teachers. If, for example, there is an increased potential for violence at the school, then it makes sense to receive further, deeper training in this area in order to combat and prevent it. Directional measures would also be training measures, not only for the teachers, but also involving the parents (e.g. parent committees), who should significantly shape and support school life and be a fixed pillar in the educational mandate. 9.9.3  School Sports

In addition to movement-specific goals, school sports also have overarching educational goals such as social and value education and health promotion. The overarching goal here is a positive effect on physical, social, emotional and cognitive development. The training, development and promotion of abilities such as fairness, tolerance, team spirit, co-responsibility and willingness to perform is the main component of sports lessons. In this way, school sports and basic, permanent movement, as an integral part of everyday life, make a specific contribution to holistic personality development. Important prevention approaches to a non-violent and sporting coexistence can be found in the learning content “Sporting with each other wrestling and fighting”. Here the children learn, when wrestling with each other, how to deal with their own and other people’s aggression. They learn how they can react to a force that immediately affects them, how victory and defeat is processed

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properly; without reacting arrogantly and arrogantly after a victory and intensifying frustration after a defeat. The students develop an adequate self-confidence, paired with self-discipline and improved perception in dealing with classmates. The focus in the competition must always be on fairness. Pedagogical perspectives and goals (Fardel, 2000) are as follows: 5 Cooperate, compete, communicate. 5 Improvement of the ability to perceive; expansion of movement experiences. 5 Testing limits or taking risks and being responsible. 5 Development of mindfulness and consideration in direct body contact. 5 Being able to perform and allow touches. 5 Further development of cooperative behaviors. 5 Building trust and taking responsibility. 5 Helpful togetherness, giving and receiving help. 5 Reflection of perceptions and experiences; communication.

References BAGL. (2009). Fachliche Empfehlungen zur Qualität der Bildung, Erziehung und Betreuung der unter Dreijährigen in Kindertageseinrichtungen und Kindertagespflege. Bundesarbeitsgemeinschaft der Landesjugendämter. BAGL. (2016). Handlungsleitlinien für Kinderschutzkonzepte zur Prävention und Intervention in Kindertageseinrichtungen. Bundesarbeitsgemeinschaft der Landesjugendämter. Bildungsbericht. (2018). Bildung in Deutschland 2018 (S. 68). Autorengruppe Bildungsberichterstattung. Böhm, T. (2018). „Nein, Du gehst jetzt nicht aufs Klo!“ Was Lehrer dürfen (S. 9). mvg. BStMAS. (2012). Der Bayerische Bildungs- und Erziehungsplan für Kinder in Tageseinrichtungen bis zur Einschulung des Bayerisches Staatsministeriums für Arbeit und Sozialordnung, Familie und Frauen und des Staatsinstituts für Frühpädagogik München. Cornelsen. Fardel, B. (2000). Kämpfen im Sportunterricht. Bausteine und Materialien für die Lehrerfortbildung. Rheinischer Gemeindeunfallversicherungsverband (RGUVV). Fend, H. (1980). Theorie der Schule. Urban & Schwarzenberg. Friebertshäuser, B., Kelle, H., Boller, H., Bollig, S., Huf, C., Langer, A., Ott, M., & Richter, S. (2012). Feld und Theorie: Herausforderungen erziehungswissenschaftlicher Ethnographie. Budrich. Fthenakis, W. E., Berwanger, D., & Reichert-Garschhammer, E. (2007). Bildung von Anfang an. Hessisches Sozialministerium & Hessisches Kultusministerium. Hoegg, G. (2016). SchulRecht! für schulische Führungskräfte. Beltz. HSchG. (2004). Hessisches Schulgesetz (HSchG) in der Fassung vom 1. August 2017 (GVBI. S. 50). Hessisches Kultusministerium. Magistrat der Stadt Frankfurt am Main. (2011). Das Frankfurter Modell zum Schutz von Kindern und Jugendlichen in der Schule. Stadtschulamt. Dezernat Bildung und Frauen. KMK. (2003). Beschlussniederschrift der Ständigen Konferenz der Kultusminister der Länder in der Bundesrepublik Deutschland vom 04.12.2003. Petermann, F. & Wiedebusch, S. (2016). Emotionale Kompetenz bei Kindern. Hogrefe. Rahn, K., & Weiper, K. (2012). Jugenddelinquenz. Handreichung zur institutionsübergreifenden Zusammenarbeit bei der Prävention, Intervention und Repression. Hessisches Ministerium des Innern und für Sport. Rogalla, I. (2013). Metakompetenzen – Die neuen Schlüsselqualifikationen? Ein Plädoyer für einen gehaltvollen Kompetenzbegriff. R & W. Saarni, C. (1999). The development of emotional competence, Guilford Series on Social and Emotional Development. Guilford Publications. Schmidt, K., & Rademacher, H. (2015). Mobbing. Ein Wegweiser zur Mobbingprävention und Mobbingintervention in Hessen. Zentrale Geschäftsstelle und Lenkungsausschuss des Netzwerks gegen Gewalt der Hessischen Landesregierung. Uhl, S. (2011). Erziehung in der Schule. Ziele, Mittel, Erfolgsaussichten. Institut für Qualitätssicherung.

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Kathrin Kullmann

studied primary and secondary education (primary education and sport) at the University of Koblenz-Landau (1999–2005). Since 2010, she has been the deputy headmistress of a primary school with more than 350 pupils, where she is the contact person for prevention against sexual violence in schools. Lecturer at the Sports Institute of the University of Koblenz in the field of swimming. Head of experiential teaching series in a grammar school. Seminar leader in the area of crisis and conflict management for children and young people. Since 1995, trainer in a swimming club with children and young people in all age groups. Licensed violence protection trainer.

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Sports Clubs Prevention in Club Sport Chris Hörnberger Contents 10.1 Introduction – 172 10.2 Responsible Persons in Clubs – 172 10.2.1 Board – 172 10.2.2 Trainer – 173 10.2.3 Parents – 173

10.3 Primary Prevention by Association and Club – 174 10.3.1 Guidelines – 174 10.3.2 Behavioral Rules – 175 10.3.3 Code of Honor – 175 10.3.4 Extended Certificate of Good Conduct – 177 10.3.5 By-laws – 177 10.3.6 Seminars and sensitization of the persons responsible – 178

10.4 Secondary Prevention – 178 10.4.1 Intervention – 180 10.4.2 Checklist – 181

10.5 Tertiary Prevention – 182 10.5.1 Aftercare – 182 10.5.2 Repression – 182

References – 183

© The Author(s), under exclusive license to Springer Fachmedien Wiesbaden GmbH, part of Springer Nature 2022 R. Heimann and J. Fritzsche (eds.), Violence Prevention in Education, School, and Club, https://doi.org/10.1007/978-3-658-38551-4_10

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Clubs are central nodes for human action and social coexistence. Children and adolescents should be able to use clubs non-violently in order to strengthen their personality, self-confidence and their sense of responsibility. They should have the opportunity to get to know their personal limits through success and failure under nearly optimal conditions. However, it is not uncommon for critical situations to arise in this social environment in which children and adolescents are confronted with forms of violence. Clubs should be prepared to deal with such situations, even better if they do not provide a platform for them, have taken preventive measures and actively oppose violence. The focus of this chapter is to show the responsibilities within the club, to present solutions for prevention and to show possible interventions and follow-up behaviour to protect the victim or to prevent further incidents.

10.1  Introduction

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Germany has approximately 90,000 clubs, in which millions of people meet and exchange through sports activities (DSJ, 2017). Here, a cross-section of society is represented and it is therefore assumed that potential perpetrators and victims are among the members and that numerous forms of violence (7 Chap. 1) can be found. This article focuses on sports clubs, as extensive preventive activities against violence can be observed here. The key messages can be transferred unchanged to all other types of clubs in which children and adolescents are active. The aim should not only be to promote the ability of self-assertion in children and adolescents (7 Chap. 11) by different methods such as the practice of individual and team sports, but also to create the optimal conditions for a non-violent coexistence. Individual self-assertion should not and cannot be the only strategy for combating violence against children and adolescents. Clubs can contribute to the sensitization of adults by changing strategic goals and anchoring new structures to avoid violence against children and adolescents, in order to increase prevention from within. For an optimal implementation of these goals, each responsible group of persons in a club plays a role and has corresponding tasks. 10.2  Responsible Persons in Clubs

In a sports club, a variety of different people work, learn and train together. Every member, every employee and every board member as well as the parents have a certain role in the club, which is also linked to defined areas of responsibility towards the children and adolescents. 10.2.1  Board

The board may be the most important organization for successful prevention work in a sports club. The board of a sports club has a significant role to play in the prevention of violence within the club. He is also responsible for creating preventive structures and ensuring that rules are followed. He makes the selection of trainers

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and must assess whether they are suitable for use as instructors in the field of children and adolescents (7 Sect. 10.3.2). The board represents the interests of club members to the outside and inside. He can only react or preventively act for future acts of violence and is the first point of contact for parents and members. For this reason, the board should show a high interest in the development of a prevention concept and check it regularly for current events and possible optimization measures. 10.2.2  Trainer

Children and adolescents usually strive for life orientation, values and norms in addition to their physical activity during their development phases, so that they unconsciously also look for role models in sports. Club trainers usually play a significant role in this. Through their behavior, trainers and carers can shape young athletes to a certain extent. Ideally, the trainer combines a variety of positive personality traits (. Table 10.1): It is often forgotten by parents and boards that trainers are usually not trained pedagogues or social workers. This can be deduced from the fact that it is not the task of the trainer to compensate for educational deficits. They try much more to promote values such as punctuality, conscientiousness, social behavior, respect and tolerance in children and adolescents (Butkiewicz, 2019). Certain duties must be observed by trainers and coaches (BSNW, 2019): 5 They bear a high legal and moral responsibility 5 They should plan, carry out and evaluate all activities in the club with great care and conscientiousness 5 They are responsible for the minor 5 They should always design the sports offer responsibly 5 They must always reduce the risk of accidents to a minimum—this also includes the risks that may be caused by other children and adolescents in the club 10.2.3  Parents

Parents should also be involved in club work without active membership and, if possible, bring themselves in proactively. It is recommended to ensure regular

. Table 10.1  Personality traits of a qualified trainer Sense of justice

Calm

Patience

Prudence

Teamwork

Optimism

Fun

Punctuality

Tolerance

Commitment

Trust

Openness

Respect

Predictability

Inspiration

Passion

Discipline

Reliability

Health consciousness (balanced diet/no drugs)



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e­ xchange between parents and trainers. Not only illnesses, but also everyday problems of the child or adolescent can influence club training, so that the trainer must be informed about these things. Examples can be violence within the family, school or peer group. In principle, the parents are the people who have the primary educational mandate for the child or adolescent, so that in the event of behavioral problems, a joint agreement should be made on how to deal with this behavior in the club. 10.3  Primary Prevention by Association and Club

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German sports associations, led by the German Olympic Sports Confederation (DOSB), support sports clubs in the area of prevention of violence. The focus here is on minimizing risk factors for children and adolescents and creating structures within the club to combat violence. A variety of prevention concepts (7 Chap. 15) of the federal and state sports associations primarily aim at effective measures against sexual violence in organized sport. However, all protective measures can also be adapted to other forms of violence (bullying, assault, etc.) and are therefore unrestrictedly usable. The following primary prevention measures are for orientation and are not exhaustive. However, they can represent the first steps for a comprehensive and protective prevention concept for children and adolescents in sports clubs. 10.3.1  Guidelines

Each club should establish guidelines as a basic element of the prevention concept. They serve as orientation and derivation of framework conditions and rules of conduct to anchor the topic of prevention of violence against children and adolescents in the club. Guidelines are used in complex work environments, including areas such as aviation, security and rescue services, and medicine. They must be checked for current relevance on a regular basis and individually critically questioned in the event of an incident, so that deviations in special cases cannot be ruled out. They offer the persons concerned a tendency and can give directions, but are never to be considered final. The Medical Center for Quality in Medicine (ÄZQ, 2016) defines the term as follows: Guidelines are systematically developed, scientifically justified and practice-oriented decision-making aids […].

This is intended to be a measure and assistance that gives the responsible persons of a sports club the certainty and support they need in decision-making when critical situations (7 Chap. 11) occur for children and adolescents. Guidelines provide assistance in moments when a specific individual case does not yet fall under a specific regulation.

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The following areas could be covered by the guidelines for a club with a focus on strengthening prevention of violence against children and adolescents: 5 De-stigmatization of violence topics (sexual violence, bullying, etc.) 5 Naming of officials 5 Development of knowledge and action competence 5 Transparent design of sports activities 5 Strengthening of girls and boys in the ability to assert themselves (7 Chap. 11) 5 Checking the suitability of persons involved in the club 5 Proactive intervention in criminally relevant matters (7 Sect. 10.4) These principles of action should be included in the club’s statutes (7 Sect. 10.3.5) in order to present them as the club’s guiding principle. 10.3.2  Behavioral Rules

Sports clubs should set behavioral rules for their coaches and instructors in dealing with children and adolescents. It is advisable to fix these behavioral rules in order to establish a certain degree of commitment for coaches and children. In terms of content, they pursue the goal of an appropriate distance between the two groups. The DOSB recommends that the following content be discussed and recorded together with the coaches, instructors, children and adolescents in the club: 5 Use of locker rooms 5 Shower regulations 5 Conducting leisure activities outside of training 5 Carrying out training sessions with individuals 5 Carrying out trips to away games and training camps 5 Forms of address (forms of address, avoidance of sexual jokes, appropriate address) 5 Continuing education measures 5 Exchange with parents and athletes The joint development of the behavioral rules can lead to higher acceptance and action security on both sides. The behavioral rules should be handed over to the coaches and instructors in writing, all other persons involved in the club should be informed orally or communicated via other media, such as a newsletter. 10.3.3  Code of Honor

The German Olympic Sports Confederation has, in cooperation with the German Sports Youth, created a model for the creation of a code of honor for all individuals involved in sports clubs nationwide. The code of honor is intended to give functionaries, coaches, instructors, and volunteers or employees working full-time in the sports club further certainty of action to protect children and adolescents from violence, with a focus on sexualized violence. At the same time, it is intended to ensure that all those responsible are aware of their tasks and duties when dealing with

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c­ hildren and adolescents. The design can be individually adapted to the needs of the club so that all special features are taken into account (Pfeifer, 2012). The following content is included, among other things, in the pattern template of the German Youth Sports Association: 5 Protect personalities 5 Support development 5 Respect and protect personal distances (intimate sphere) and personal shame boundaries 5 Promote appropriate social behavior towards other people 5 Teach fair and respectful treatment of fellow human beings and animals 5 Convey responsible treatment of nature and the environment 5 Align sporting and non-sporting offers with the development level of children and young people 5 Apply child- and youth-appropriate methods 5 Create fair conditions 5 Respect physical integrity 5 No use of forms of violence 5 Ensure compliance with sports rules 5 Preserve the self- and co-determination rights of children and young people 5 Rejection of any form of discrimination 5 Embodiment of the role model function towards children and young people

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By signing the Code of Honor, the club sets a significant internal and external signal against potential offenders. On the one hand, this should actively promote the exchange of the club’s values and norms and, ideally, be lived by all members. On the other hand, all persons with a mandate (executive board, trainers, employees, adult members and parents) should be aware of their responsibility towards children and young people in connection with violence. A failure to sign or comply with the code of conduct may result in a license applied for or obtained from the competent state sports federation not being issued, renewed, or withdrawn. For example, the Saxon State Sports Federation and the Saxon Sports Youth recommend the following passage be included in existing coach contracts:

» “The

contractor undertakes to protect the welfare of the children (Annex ‘Code of Conduct’) entrusted to him or her in connection with his or her activities. If the welfare of the child is violated and evidence of a criminal offense is provided, the DOSB license will be permanently withdrawn by the licensing federation (obligation to inform the club) and the contractor will be released from his or her activities immediately.” (Sports Youth Saxony, 2019)

The following formal and informal steps should be taken and are recommended when introducing the code of conduct: 5 Acceptance by the board and departmental management 5 Information of employees, coaches and trainers about the content 5 Agreement on a valid joint signature 5 When new employees are hired, the code of conduct is discussed and communicated as a necessary signature 5 An extended criminal record is required for signing

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10.3.4  Extended Certificate of Good Conduct

An extended Certificate of Good Conduct is issued if the Certificate of Good Conduct is required for the examination of personal suitability according to § 72a SGB VIII, another professional or voluntary supervision, care, education or training of minors, or an activity that is similarly suitable for contact with minors (Bergmann, 2011). When making the application, a written request from the institution requiring the extended certificate must be submitted. For self-employed persons, the certificate of the person making the application is sufficient (Wagner, 2010). The extended certificate differs from the regular certificate in terms of its content. In the interest of the re-socialization of the convicted person, certain sexual offenses and also offenses particularly relevant to the protection of children and adolescents are not included in a regular certificate. This privilege is lacking in an extended Certificate of Good Conduct. When renewing licenses, the certificate must be submitted again and again. Some public administrations even make the payment of club subsidies dependent on the submission of all extended certificates from coaches and instructors. The actual added value of this obligation to submit is controversial, because it offender will not prevent him from his deed and club officials may feel in a false sense of security. 10.3.5  By-laws

Measures such as guidelines, Code of Conduct, Club sanctions or an honor code must be transparent to each individual club member. For this purpose, implementation in the club’s by-laws or a separate Code of Conduct is suitable. It should be noted that a club’s code of conduct must have a clear basis in the by-laws, i.e. it should contain a reference to the fact that a code of conduct can be issued on this topic. It further describes that they serve the regulations of their own affairs and are adopted by the elected representative bodies (e.g. Board of Directors, members). However, there are also exceptions that are subject to regulatory control. This means that the by-laws are subject to regulatory approval. The law prescribes part of a minimum content, such as the purpose, name and seat of the club (§ 25 BGB). The club’s by-laws are the constitution binding on the club within the framework of mandatory law (Palandt and Ellenberger, 2019).

In conclusion, it can be stated that by-laws create a basis of action for every necessary internal club measure or sanction in order to be able to adequately and transparently respond to misconduct in the club. They are recorded in writing and accepted by every member upon joining the club and by every employee upon signing the employment contract.

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10.3.6  Seminars and sensitization of the persons responsible

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All people in the sports club who have a function act as role models for the topics that the club represents to the outside and inside. This also applies to the club’s prevention work. They are the center of a successful implementation of prevention concepts. If the coaches, instructors or even the members of the board do not carry or neglect the core ideas, a successful prevention work is endangered. A consistent implementation and the required action security is achieved by a proactive sensitization and continuous training of the responsible persons. The topic of violence against children and adolescents in sports clubs or in everyday life requires intensive work. Before a coach is able to detect the border violation by a third party, it is of enormous importance to gain basic knowledge, such as the recognition of border violations (7 Chap. 11) or the different forms of violence (7 Chap. 1) as well as the different types of offenders (7 Chap. 5) and victims (7 Chap. 4). The following approaches can lead to successful acquisition of knowledge about prevention and sensitization of the individual responsible: 5 Self-study with free literature and Internet media (7 Chap. 15) 5 Exchange with internal contacts in the club 5 Club-internal qualification measures (seminars, code of honor, etc.) 5 Exchange with external contacts (regional sports association, German Olympic Sports Confederation, etc.) 5 Participation in seminars of the state or national associations 5 Training as a violence protection, self-defense or self-defense trainer Many state sports associations offer free training courses by qualified speakers in order to promote the topic in the clubs. It is advisable to not only acquire knowledge for the mediation of self-assertion, but also to get to know your own limits as a participant. Furthermore, the board of each club should agree on a target agreement with all responsible persons, in which periods and intervals a participation in seminars or refresher courses should take place at a later time. These sensitization and training measures of the responsible persons should be openly discussed in the club in order to signal the necessary transparency and the open handling of the topic of violence again. The involvement of the parents of the children and adolescents in selected club-internal seminars can lead to a further increase in joint observation and action. 10.4  Secondary Prevention

Secondary prevention is used when sports clubs gain knowledge of abnormalities or forms of violence against children and adolescents. A safe intervention for all parties to avoid or end potential violence requires a uniform, quick, and consistent approach (7 The Photographer). Emphasis should be placed on perception, assessment, and final reaction (. Fig. 10.1). Ignorance on the part of those responsible for an appropriate procedure can lead to situational overload or even loyalty conflicts. This in turn can lead to misjudgments and misconduct, which can have direct consequences for the risks to the victim (psychological and physical stress). Therefore, a previous engagement with

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Control Between -case

Perceive

Evaluate

Act

Security

. Fig. 10.1  Assessing the situation

intervention measures and the associated checklists for securing and safeguarding the operational safety of trainers and coaches is necessary (DSJ, 2017). To develop such measures or lists, the involvement of external experts on law enforcement or follow-up is recommended. As part of an appropriate intervention, sustainable law enforcement and the associated evidence-gathering must be guaranteed without influencing the victim or the perpetrator. This can not always be guaranteed by long-standing emotional ties within a club. Various counseling centers and aid organizations can be used for this (7 Chap. 15).

The Photographer

A voluntary service worker begins their voluntary social year (FSJ) at a swimming club. The 19-year-old adolescent is particularly keen to do a lot with the children. They have presented an extended criminal record, signed the code of honor, been instructed on the specialties regarding changing rooms etc., and are in training to become a coach with a focus on children and adolescents. The topic of abuse is particularly emphasized in the training. After approximately 2 months of work, the club’s board of directors receives a call at 11:00 a.m. that the voluntary service worker has been taking photos of school children while they are changing in a swimming pool, using their mobile phone from below the changing room cubicles. The police have been alerted by the school’s supervisors and have taken the voluntary service worker in for

­ uestioning. By 1:00 p.m., the responsiq ble youth sport organization had been informed as the voluntary service worker’s place of employment. By 4:30 p.m., the voluntary service worker was personally notified of the immediate termination of their employment relationship. All steps were properly documented and carried out in constant exchange with all parties involved. The voluntary service worker had no further contact with the children or adolescents of the club. The club also took care of psychological and social follow-up care for the victims and also for the voluntary service worker, as they were surprised by the rapid and far-reaching consequences despite their perpetrator status; their long-time girlfriend immediately broke up with them. A few months later, the criminal proceedings were concluded with an appropriate sentence.

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10.4.1  Intervention

An adequate intervention requires sufficient preparation and a clear definition of the goal. In order to ensure a non-violent environment in the sports club, it is essential to follow up on any indications of crime and to report them to the law enforcement authorities. First steps could be: 5 Protection of the victims 5 Support of the victims 5 Information of the law enforcement authorities

10

It is recommended to record the specific procedures for an intervention by volunteers and employees in a sports club in an individual intervention plan tailored to the needs of the club. The creation of the intervention plan should be carried out in close cooperation with external bodies or experts in order to be able to involve a neutral contact person in the event of an emergency. This prevents overburdening and uncertainty of action and the resulting possibly wrong decision. It is also not to be excluded that there is personal involvement in a sports club, which can be harmful to a targeted intervention. The neutrality towards the suspected perpetrator and the victim must be given priority. In the event of initial suspicion, it is not always immediately possible to exclude that it may also be an unfounded suspicion. Thus, for a club in its action during the intervention, the rule of law guaranteed presumption of innocence applies until a final conviction. Consequently, reports of suspicion by coaches and instructors, as well as employees and volunteers, should be discreetly made to the board. When perceiving or reporting a suspicion, the following first measures should be considered in the intervention plan: Conversation with the Person Concerned  The aim of the conversation should be to explain the person’s expectations of the sports club. It should be noted here that it is not a conversation to clarify the facts, but rather to find out what assistance the club expects. Documentation  From the beginning, after the suspicion has been noticed, until the end, after a possible criminal conviction of the perpetrator, a complete and continuous documentation must be carried out. This includes, among other things, notes on the procedure on the part of the club, minutes of conversations held and important documents. Examination of Consequences  When a suspected crime or serious misconduct by a member or employee of the sports club becomes known, internal consequences in the form of Dismissal or Expulsion of the perpetrator are to be examined. These consequences can also be taken without later criminal conviction. Information from Persons Entitled to Custody  One of the first intervention measures

is to inform the person entitled to custody of the child or young person concerned. Even if the board is not legally obliged to inform the person entitled to custody, the German Federal Ministry of Justice recommends this with reference to the possibly existing guidelines (BMJ, 2012). In addition, a duty of loyalty between the club and

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the parents may exist by virtue of the statute, since the legal representative, in this case the person entitled to custody of the child or young person, may exercise the membership right of the minor and thus has a right to information. Involvement of Law Enforcement Agencies  After a successful conversation with the alleged victim, law enforcement agencies may be involved with the help of an external consultant. The information provided to law enforcement agencies should be done in a timely manner in order to avoid any legal consequences for the club. The commission of a crime by omission (7 Chap. 7) could be a possibility if timely action is not taken. This accusation could be made against the person in charge due to the guarantor position (7 Chap. 7) that trainers, coaches, or members of the board have towards minor athletes. From the guarantor position arises the duty to take action. In order to speed up the involvement of law enforcement agencies in the event of an incident, a direct contact person from the police can be included in the intervention plan in advance. Some police agencies offer such a contact person from the prevention department.

10.4.2  Checklist

The German Youth Sports Association (DSJ) provides a Checklist to support sports clubs in checking whether all important prevention options in the sports club have been used and implemented correctly (DSJ, 2016). This includes: 5 Implementation of child and youth protection in the club’s statutes 5 Introduction of a Prevention and Intervention Officer for Violence Against Children and Young People 5 Carrying out training courses 5 Drawing up guidelines 5 Promoting cooperation among coaches 5 Transparency in the sports club 5 Thematization of children’s rights 5 Checking the possibility of the right of co-determination of children and young people 5 Offer of self-assertion and self-defense 5 Binding criteria for the qualifications of coaches and instructors 5 Signing of the Code of Honor 5 Conducting job interviews 5 Regulation of the submission of the extended certificate of good conduct 5 Pursuit of suspicion 5 Contacting contacts of authorities and external counseling centers 5 Establishment of an intervention plan

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10.5  Tertiary Prevention

Successful prevention work not only includes the prevention or intervention to end the impending or ongoing form of violence against children and adolescents, but also the consequences of such misconduct. Measures of repression must be established, as these are the first steps towards the prevention of further misconduct (7 Chap. 1). However, in tertiary prevention, not only measures for the offender are found again, but another focus is placed on the follow-up care for the victim. 10.5.1  Aftercare

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In the field of aftercare, structures must also be created before an event occurs in order to ensure a smooth process later. It should be noted here that there are measures to be taken for both parties, both victims and perpetrators. The focus of qualified aftercare should ideally be recorded in a written guideline. Here, the club should deal with the following topics (District of Upper Bavaria, 2015): 5 Ensuring the involvement of professional help (e.g. by trauma therapists) in the aftermath of a violent attack 5 Avoiding unplanned encounters of the alleged or actual perpetrator with the victim 5 The effect of an individual case or a repeat offense on young people and group processes 5 Ensuring the referral of rights and obligations of the alleged perpetrator 5 Rehabilitation of alleged perpetrators whose innocence has been proven, into the club and training groups 5 Long-term effects of serious violence on the club and employees 5 Proactive cooperation with competent associations, local institutions and law enforcement agencies 5 Regulations for public relations work 5 Prevention and handling of unplanned statements from our own ranks Finally, as with all prevention measures, it is of enormous importance to reflect on all regulated processes after events have occurred in a qualified follow-up and, if possible, to optimize them. 10.5.2  Repression

Repression can be a key instrument in prevention work to prevent further violence against children and young people. This can be, for example, club sanctions or license withdrawals that show to the inside and outside that the club does not tolerate such behavior and acts consistently.

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In criminology, the term repression is defined as follows: Repression means in general language usage, inter alia, suppression, inhibition, defense, combating human striving for self-development, happiness and realization of life chances by domination and authority relationships. Repression is also seen as the impairment of human possibilities reflected in unequal power and ownership relations, which is inherent in the social system and characterized by the term of indirect or structural violence (Kerner, 1991).

In the context of clubs, this would mean that the board can also act repressive in case of misconduct. Here, only in the extended sense, measures of repression are meant, rather weakened forms of educational methods are meant. On the one hand, they should show the perpetrator consequences for his misconduct and, on the other hand, signal to potential perpetrators the stringent handling of such behavior. Finally, it also shows the other members that violence is not tolerated in the club and could at the same time counteract possible membership withdrawals in the event of an incident. The following repressive measures can be applied: 5 Club sanctions – Exclusion from training sessions – Withdrawal of club functions – Withdrawal of voting rights – Club expulsion 5 Notification to the sports associations – Loss of license – Exclusion from further education measures – Expulsion from the association 5 Notification to the law enforcement authorities – Criminal complaint/criminal charge – Obtaining contact and approach bans – Sensitization of other sports clubs

References ÄZQ. (2016). 7 https://www.leitlinien.de/leitlinien-grundlagen. Accessed: 19. Jul. 2022. Bergmann, C. (2011). Abschlussbericht der Unabhängigen Beauftragten zur Aufarbeitung des sexuellen Kindermissbrauchs. Geschäftsstelle der Unabhängigen Beauftragten zur Aufarbeitung des sexuellen Kindesmissbrauchs. Bezirk Oberbayern. (2015). Handreichung zur Prävention von und zum Umgang mit Gewalt in Einrichtungen für Kinder, Jugendliche und junge Volljährige. Eigenverlag. BMJ. (2012). Verdacht auf sexuellen Kindesmissbrauch in einer Einrichtung – Was ist zu tun? Fragen und Antworten zu den Leitlinien zur Einschaltung der Strafverfolgungsbehörden. Bundesministerium der Justiz. BSNW. (2019). Handbuch für Übungsleiter in Kinder‐ und Jugendsportgruppen des BSNW. 7 https:// www.brsnw.de/uploads/media/19_UeL_Rechte_und_Pflichten.pdf. Accessed: 9. Jun. 2019. Butkiewicz, A. (2019). Der Trainer-Ratgeber. 7 http://www.trainer-ratgeber.de. Accessed: 19. Jul. 2022. Deutsche Sportjugend. (2016). Gegen sexualisierte Gewalt im Sport – Orientierungshilfe für rechtliche Fragen zum Schutz von Kinder und Jugendlichen. Eigenverlag.

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Deutsche Sportjugend. (2017). Gegen sexualisierte Gewalt im Sport – Kommentierter Handlungsleitfaden für Sportvereine zum Schutz von Kindern und Jugendlichen. Eigenverlag. Kerner, H. J. (1991). Kriminologie-Lexikon. Kriminalistik Verlag. Palandt, O., & Ellenberger, J. (2019). Bürgerliches Gesetzbuch (S. 31). Beck. Pfeifer, U. (2012). Empfehlungen des Deutschen Vereins zu Führungszeugnissen bei Neben- und Ehrenamtlichen in der Kinder- und Jugendhilfe (§ 72a Abs. 3 und 4 SGB VIII). Deutscher Verein für öffentliche und private Fürsorge. Sportjugend Sachsen. (2019). Verfahrensordnung für den „Ehrenkodex“ zum Kindeswohl und zur Prävention sexualisierter Gewalt im Sport. Eigenverlag. Wagner, S. (2010). „Erweitertes Führungszeugnis“ auch bei ehrenamtlicher Tätigkeit: Besserer Schutz für Minderjährige. Vereins & Vorstandspraxis.

Chris Hörnberger

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(B. A.—Criminal Investigation), chief inspector, press officer of the Hessian Ministry of the Interior. Former head of the police department in a House of Juvenile Law. He has been working as a licensed violence protection trainer in schools, associations and public administrations since 2013. His seminars cover the areas of self-assertion, conflict and crisis management for various target groups as well as experiential education. His publications to date have been in the area of rampage/school shooting and preventive measures for coping with crisis situations. He teaches police operations management as a guest lecturer at the Hessian University of Applied Sciences for Police and Administration. From 2006 to 2009, he worked voluntarily as youth leader of the Karate Association of North Rhine-Westphalia and for several years as a board member and trainer in a self-defence association.

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Self-assertion Recognising and Demanding Boundaries Chris Hörnberger Contents 11.1 Introduction – 186 11.1.1 Differentiation Between Self-assertiveness and Self-defense – 187 11.1.2 Basic Principles of Human Behavior in Crisis Situations – 188

11.2 Recognizing One’s Own Limits – 189 11.2.1 Feelings – 189 11.2.2 Social Programs – 190

11.3 Body Language – 191 11.4 Language – 192 11.4.1 Language Set (Quantity) – 192 11.4.2 Content of the Language (Quality) – 193 11.4.3 Paraverbal Communication – 194

11.5 Methods – 194 11.5.1 Interactive Training – 195 11.5.2 Picture Books and Comics – 196 11.5.3 Guided Classroom Conversations – 196 11.5.4 Unspecific Taining – 197

References – 198

© The Author(s), under exclusive license to Springer Fachmedien Wiesbaden GmbH, part of Springer Nature 2022 R. Heimann and J. Fritzsche (eds.), Violence Prevention in Education, School, and Club, https://doi.org/10.1007/978-3-658-38551-4_11

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Feelings can be the key to successful and authentic self-assertion. Children learn to recognize basic emotions such as fear, sadness, disgust, joy, and love in themselves and others during their development. This emotional world can be based on their own positive or negative experiences, but it can also grow out of the social environment. In the field of self-assertion for children, one of the goals may be to use this emotional world to show boundary violations. In the end, the child should be able to consciously perceive their own emotions, recognize their own boundaries, and be able to protect their own interests through non-violent reactions. A strong, autonomous self is not given to the child at birth, it must be developed and trained. Consistent training and continuous readiness to talk on the part of parents, teachers, and trainers leads to a higher probability of children’s action security in crisis situations.

11.1  Introduction

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The everyday lives of children and adolescents are today characterized by psychological and physical violence. Many children and adolescents are confronted with boundary violations in their supposedly protected social environment, such as in schools, clubs, or even within the family, which differ greatly in intensity and burden (Andresen et al., 2019). The boundary violations in the everyday lives of children and adolescents, which are the subject of this chapter, are, for example: … three children steal a 12-year-old classmate’s hat and throw it to each other in a circle. … a primary schoolgirl is regularly pushed by older classmates on her way to school. … an 11-year-old student threatens a classmate of the same age with physical violence if he does not hand over his smartphone. … classmates threaten a student with the dissemination of intimate images via instant messenger if they do not receive any more pictures. … an 8-year-old student is approached by an adult man on his way home and offered a ride in his car. … an adult man regularly undresses in front of children in a sports club’s changing room and talks about his body during this time. The cases mentioned make it clear that a mere explanation to children about the appearance of boundary violations, about the dynamics of violence, about the content of the Domestic Violence Act or the German Criminal Code, as well as about typologies of offenders and victims (7 Chap. 4 and 5) is not sufficient. Even adult people would reach the limits of their competence in such critical situations. Children and adolescents should be given a consistent training in self-assertiveness and, if necessary, self-defense (7 Chap. 12) in order to know possible actions in case of psychological violence or physical assault which would increase the probability of a safer conflict resolution for them.

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11.1.1  Differentiation Between Self-assertiveness

and Self-defense

The term of self-assertiveness is often abbreviated and described in a simplified way as the verbal form of self-defense. Self-assertiveness is much more than just the verbal communication with the offender. It is mainly located in the nonverbal area and is supported by a small amount of speech. The transition from self-assertiveness to self-defense is a fluid process. If the offender does not stop because of verbal, paraverbal and nonverbal signals, a transition to physical defense is almost inevitable. Self-assertion […] to be aware of one’s own position and also of one’s own limits in cross-border situations and to be able to make these limits clear to other people (Ach & Pollmann, 2012).

Self-assertion is thus the ability to be aware of one’s own limits and to show them to one’s counterpart. The limits of each person are divergent. They are not tangible or definable. Every person should be able to perceive and show his or her limits within a critical situation (7 Sect. 11.2). The indication of one’s own limits can be exemplarily carried out by strong body language, the efficient use of language, the demand for support (assistance by third parties) or the acquisition of distance. The previously mentioned counter-reactions can contribute to the protection against physical assaults. At the same time, self-assertion represents the basis of self-defense. Self-defense should only be used if the victim is no longer able to solve the situation through a strong autonomous ego or if the perpetrator begins with a physical attack. In contrast to self-assertion, self-defense is the ability to defend oneself or others in self-defense or emergency situations (7 Chap. 7) by using physical force (7 Chap. 12). Quinn (1994) defines: Self-defense Self-defense is the avoidance and defense of attacks on the mental or physical integrity of a person.

Self-defense and the associated physical confrontation inevitably leads to a winner and a loser. Another result can be successful self-assertion: here, both parties can leave the situation unharmed if they react early. It is important to know what kind of dangerous situation it is when self-assertion should lead to success: 1. Ad-hoc situation 2. Situation with time delay In an ad-hoc situation the person has no time to weigh or apply options (7 Ad hoc-Situation and Time Lag). In the following, the focus will be on critical situations with a time delay, in which self-assertion strategies are more promising, even if they are equally valid in unexpected situations.

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Ad hoc-Situation and Time Lag

Ad hoc-Situation In a shopping passage with a lot of public and narrow passages, a teenager is bumped into by two other teenagers and immediately insulted whether he can’t pay attention. Time Lag A teenager is standing at a bus stop and sees two other teenagers coming towards him. After they have looked at him closely, they approach him more and more and one of them suddenly strokes his jacket. At the same time he speaks to him: “Nice jacket, my little weakling!”

11.1.2  Basic Principles of Human Behavior in Crisis Situations

Crises are complex situations that are not everyday occurrences and thus may not have automated processes in place. Wiener and Kahn (1962) define a crisis as follows: Crisis

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The urgent need for decision-making, a sense of threat, an increase in uncertainty, urgency and the impression that the result will be of decisive influence on the future. The information is often incomplete or distorted.

The affected persons are in acute difficulties and feel the urgent need to show a reaction to the danger. This reaction can be distinguished in three essential patterns of behaviour. Fight, Flight or Shock paralysis are the three firmly anchored alternatives of people in stress, danger or crisis situations. Fighting is a very risky alternative. The goal of a fight must be the protection of health and in extreme cases of life. This has the consequence that the fight should not be lost, but this is the inherent danger of every fight (7 Chap. 12). However, flight is, if successful, a very safe alternative. It is used to remove oneself or others as quickly and as far as possible from the danger. However, it can also be dangerous if experience and knowledge lead to possible misjudgments or to wrong decisions. In a fire, for example, the experience and knowledge of the person might lead to the wrong decision to choose the entrance as the exit or escape route as usual, although the existing danger comes from there or there is no escape route possible anymore because of the crowd of people (Hofinger et al., 2013). Shock paralysis can be a natural reaction to a dangerous situation. Superfluous brain activity is shut down and the body only maintains the necessary vital functions for survival. The ability to act of a person is reduced to a minimum and the power of thought is restricted. The probability of a shock paralysis increases if a increased potential of fear prevails (Hofinger et al., 2013). Which of the three alternatives is chosen, within the respective alternative the human being acts first on the basis of his experiences. If he has references to similar

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situations that he has successfully coped with in the past, he will tend to rely on this concrete prior experience and, for example, remain silent and turn away after an insult (flight) or insult himself (attack). However, if the person cannot fall back on any relevant experience values, the stress level will increase first and then an alternative action will be chosen which addresses the person’s feelings. Actions are chosen that have made the person satisfied in the past and with which he felt competent. Regardless of whether this action fits the concrete situation now present (Reason, 1990). When considering the three possible actions, it quickly becomes clear that the variants of fighting and shock have a certain risk. The fight will eventually produce a loser and the probability of coping with the dangerous situation is low in the case of the shock option. This makes the alternative action of fleeing increase the probability of coping with the situation and represents an investment in security. In this case, always choose the greatest possible distance from the danger, if this is not possible, there are alternative actions of self-assertion in the field of language and body language in order to build up verbal and non-verbal distance (7 Sects. 11.3 and 11.4). 11.2  Recognizing One’s Own Limits

Very often, the early recognition of one’s own limits is spoken of in the self-assertion. The victim is supposed to show the perpetrator his limits. However, for a violation of boundaries it is necessary that the perpetrator has caused this violation or it is imminent. In comparison to self-defense, this does not necessarily have to be physical or psychological damage, but rather a behavior that generates feelings in the victim that are outside the socially usual range of emotions. Children and adolescents are to acquire action competence by using their own feelings to identify critical situations early, to avoid them or to be able to withdraw from them early. They should realize that their own, negative, feelings are a reliable indicator to recognize boundary violations. A large part of children and adolescents let themselves be moved by instructions from adults to an action. However, they must also be able to act if no adult is nearby or the adult is responsible for the negative feelings. The child’s own feelings should strengthen and accelerate the decision-making process for self-assertion or self-defense in order to be able to leave the dangerous situation independently. 11.2.1  Feelings

Children and adolescents should develop the ability during their development to perceive their own feelings: 5 to perceive, 5 to understand and accept, 5 to pretend or to hide, 5 to represent and make clear to the outside.

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These abilities are basic building blocks in order to be able to assert oneself in situations of self-assertion to the outside with a coherent and functioning strategy. The totality of these abilities represents the emotional competence of a person (7 Chap. 6). This emotional competence usually leads to an increased self-confidence in children and adolescents. They learn to develop conflict strategies to deal with frustration and failure as well as to enter into different bonds or relationships with other people successfully. The most important steps for the emotional development of children take place in early childhood (Denham & Weissberg, 2004; Petermann & Wiedebusch, 2003). They learn to express their feelings not only non-verbally, but also paraverbally (glossary) and verbally. In addition, they gain understanding of the causes and consequences of emotions. The basis for this are the feelings and emotions of each person, which are individually generated in him by a variety of experiences. Feelings arise from experiences that a person experiences himself or is told by others. They can be positive and negative. It is important for self-assertion that the child or adolescent can identify positive and negative feelings early on and then adapt his or her own behavior accordingly. If negative feelings are generated towards the child or adolescent, this requires an adaptation of the behavior in the direction of self-assertion or self-defense in order to ensure one’s own safety. Traditional patterns of behavior from education can usually not achieve the desired success here. 11.2.2  Social Programs

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Children and adolescents learn through their social environment and parental education a variety of patterns of behavior with which they can interact with other people. These social skills are the basis for the child’s action, how it reacts to emotions, wishes and conflicts with and from other people. In this context, one can also speak of social programs, because the patterns of behavior are stored in the child like a software program and retrieved routinely. It learns to apply the respective program in the situation provided for this purpose. This is intensified, among other things, by learning from success or by learning by observation (7 Chaps. 3 and 6). The importance of these social programs becomes clear when children with a healthy social competence are compared with children with a lack of social competence (. Table 11.1).

. Table 11.1  The effect of social skills on children’s behavior Children with social skills

Children with a lack of social skills

Successful integration into the social environment

Behavioral disorders, e.g. increased aggressive behavior

Functioning peer group

Few to no peer relationships

Positive relationships with caregivers, teachers, coaches

Rejecting attitude towards third parties

Prosocial behavior (social interaction, sharing)

Extreme behavior (shyness, pronounced selfishness)

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Prosocial behavior describes, among other things, behavior such as understanding, helpfulness, politeness, explanations of behavior, apologies, willingness to share, and cooperation for the benefit of the group. However, the socially tolerated prosocial behavior also includes diffuse and veiled explanations of one’s own behavior that do not always correspond to reality, such as the statement that there is no time for further dialogue and therefore a conversation must be interrupted—even though the time shortage was deliberately constructed. Dissocial behaviour, on the other hand, is a lack of the aforementioned skills. This lack can lead to aggressive behaviour as well as to harming others. The skills for prosocial behaviour or the lack of these skills develop in the context of social interactions. The basis for these social skills is created in the social environment. This includes the persons or groups of persons with whom a child or young person maintains relatively permanent interpersonal relationships (Deutsche Enzyklopädie, 2019). This is where social skills are taught and exchanged. The social environment grows in the course of every child’s or young person’s life. It is enlarged by family, friends, school, club and many other institutions. The challenge is that these social programmes become more and more consolidated over the years and are also used for problem solving within safety-critical situations. However, these solutions are only successful as long as the counterpart engages in social behaviour and voluntarily gives in. Solutions in the prosocial sphere require the agreement of both parties or the counterpart, who initially acted aggressively, never had the serious intention of asserting his will over all resistance. Since one of these two constellations usually prevails within conflicts, the affected child learns that he or she can also overcome safety-critical situations with prosocial behaviour. This is a fallacy that becomes apparent when the child or young person encounters a counterpart who is not prepared to give in or is not prepared to impose his or her will. > Prosocial solutions within safety-critical situations are only effective if the aggressively acting individual engages in them.

These social programmes must be replaced by clear linguistic, paraverbal and non-verbal external presentation of the child or young person concerned without becoming or appearing dissocial. 11.3  Body Language

Body language very clearly signals to another person how a person feels and what he wants to express. Bergmann (2003) puts the ratio of language to body language at 69 percent in favor of body language. Other studies only show slightly different percentages for the share of nonverbal elements. As a result, it can be concluded that nonverbal communication is very important for the success of transmitting a message. Watzlawick (1969) takes it one step further in his work “Human Communication” and makes the following basic rule: One cannot not communicate, because every communication (not only with words) is behavior and just as one cannot not behave, one cannot not communicate (7 Watzlawick’s Thesis).

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Watzlawick’s Thesis

A 14-year-old girl is standing at a bus stop and waiting for the bus. Not far from her, two boys are looking at her and watching her. The girl tries to signal to the boys that she doesn’t want to communicate with them and that they should keep their distance by staring at her mobile phone. There is an assault. One of the young people says in the police interrogation: “It was totally crazy how she tried to ignore us, that really turned me on.”

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The body language of the 14-year-old girl leads to a message without verbal communication. From her point of view, she signals to the boy that she does not want any contact. The actual intention of demanding distance and transmitting clear messages is not clear. In order to clearly demand their own boundaries, children and adolescents need a strong and expressive body language. They must be able to prevent the power differential between them and the perpetrator from increasing and to represent a strong, resistant victim on an equal footing (7 Chap. 4). There is always the option of showing a weaker or stronger body language. The weak expression increases the risk of becoming a victim of physical or psychological violence and the strong expression tends to distance the danger and thus represents an investment in security (. Table 11.2). The non-conclusively designated actions show the variety of ways in which children and adolescents can react effectively and protectively to violence with strong body language. They are also not only applicable as a reaction to an action, but can also act preventively. A special role is played by smiling in the context of communicative interaction. It does not appear particularly desirable to appear friendly, polite and particularly trustworthy to the aggressive perpetrator as a potential victim in a safety-critical situation. However, exactly this attitude reveals a smile (Centorrino et al., 2014). Perpetrators can interpret and interpret the body language of their counterparts just as victims can, so that the right body language can lead to a higher probability of not becoming a victim at all due to changed power relations (7 Chap. 4). The effect does not only occur in the counterpart, but also influences the inner attitude of the one who takes the stronger body posture (Garrison et al., 2016). 11.4  Language 11.4.1  Language Set (Quantity)

In everyday life there are always communication problems between sender and receiver with a verbal message. It is all the more important to be understood without doubt in a safety-critical situation. This makes it pointless for victims to use many words to express their will or to explain. The goal of consistent self-assertion must be to reduce the language with the time course of the situation to a minimum. At the beginning, complete sentences were still exchanged with each other, but at the end the victim should only focus on short messages. The quantity of language is reduced and at the same time the quality of language is increased.

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. Tab. 11.2  Body language in the context of security and risk Forms of body language

Action

Safety

Risk

Gaze behavior—eye contact

Gaze to danger vs. Avoidance of eye contact

Early detection of attacks

Limited ability to detect attacks

Facial expression— mimic

Serious mimicry vs. Laughing or smiling

Increasing the likelihood of assistance

Possibility of misinterpretation by potential helpers

Body posture and body movement— pantomime

Upright vs. slouched posture

Projection of self-confidence

Signaled insecurity

Shifted, firm, shoulder-width vs. loose, relaxed stance

Balance; Stability; Ability to act

Expected low resistance; Instability

Open hands to the opposite vs. Fists or hidden hands

Defensive posture; increase in assistance by third parties; victim-perpetrator relationship recognizable

Possibility of misinterpretation; unclear status; little resistance; aggressive appearance (fists)

Touch—Tactile

No body contact vs. Body contact

Maintaining distance between perpetrator and victim

Overcoming the obstacle of body contact; precursor to physical confrontation; provocation

Distance—physical distance

Raising arms vs. Hanging arms

Minimum distance of an arm’s length

Direct physical access possible

Step/s back vs. forward

Removal from the perpetrator’s reach

Possible provocation

Authentic appearance vs. Smile, despite bad feelings

Possibility of danger recognition by third parties

Possibility of misinterpretation by potential helpers

Authenticity—Cooperation of Language and Action

11.4.2  Content of the Language (Quality)

The quality of the language is measured by whether it is easily understandable for the recipient (perpetrator) and possible third parties who are potential helpers. Words like: 5 No! 5 Help! 5 Stop! These words convey the position of the sender (victim) without much room for interpretation and transmit a clear content that can be expressed in a complete, if brief, sentence: 5 No—Stop! 5 Help—I need help! 5 Stop—Stay away!

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The personal address, as in the last mentioned example, plays a significant role in the communication strategy of self-assertion. The use of the address “you” creates a necessary linguistic distance between victim and perpetrator, so that potential helpers can relatively quickly recognize that the persons may not be in a relationship with each other. This can and must also apply to known perpetrators in order to send clear signals to helpers and to activate them; even if the change of language seems difficult for the victim. A common obstacle for helpers is the supposed close relationship between perpetrator and victim (7 Chap. 13). 11.4.3  Paraverbal Communication

The paraverbal (glossary) communication affects the perception and understanding of the spoken words to a significant extent. It moves towards the latter on the level of how something is said and includes components such as volume, intonation, pitch and speed of speech, as well as silence or pauses and laughter (. Table 11.2). Basically, the goal is to increase the likelihood that the message will be perceived authentically and seriously by the other person. The following elements are particularly helpful in this regard: 5 Volume (deep voice) 5 Clarity (no mumbling) 5 Certainty (self-confident) 5 Clarity (no possibility of interpretation)

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Stages of Escalation

1. I don’t want to talk to you, please leave me alone! 2. Please leave me alone! 3. Leave me alone! 4. Leave me! 5. Stop!

If the three aspects of the quantity and quality of the language and its paraverbal transmission are in harmony, clear and unambiguous signals can be set and escalation steps can be taken (7 Language Escalation Steps). This enables the victim to escalate the situation verbally without taking any riskladen linguistic steps (e.g. provocation, threats, irony, sarcasm or insults) towards the perpetrator. Questions from the perpetrator should not be answered and independent explanations of one’s own behaviour should be avoided at all costs. The application of this sequence creates verbal attention and minimises the risk of physical confrontation. The cognitive load on the victim is also reduced to a minimum. 11.5  Methods

Different learning and training methods can be used to teach children and adolescents the ability to assert themselves reliably.

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11.5.1  Interactive Training

People are in their social environment in many roles on the go. They can be son, friend and student as well as mother, teacher and colleague at the same time. The change from one to the other role can present them with different problems. However, they can adapt new approaches and solutions from the respective experiences they have made in the different roles and try to avoid already made mistakes in future situations. In order to be able to behave correctly and minimise risks in dangerous or crisis situations, it is important to have learned and internalised different options for action through scenario training and to have practised them through constant repetition. Basically, the idea of interactive training is to interpret a given situation, such as a safety-critical situation, to make predictions for further development, and to simulate the effects of decisions made (Badke-Schaub et al., 2012). Interactive training, whether in individual or group settings, offers a variety of options for change in familiar or unfamiliar settings. It allows the person acting in a protected environment to develop different experiences in different roles without suffering psychological or physical damage. For this reason, interactive training is used, among other things, to learn safe behavior in dangerous situations. Many different professions make use of this methodology. These include not only the police and the armed forces, but also banks, insurance companies, medical facilities, and many other service providers who need action security in sales conversations or dangerous situations. Through this learning method, realistic situations are experienced and possible actions are explored that promise more security than risk. In a didactically and dramaturgically prepared scenario, the participant or a group of actors must act problem-solving and develop safe behavior (Gramm, 2002). An interactive training is usually not accessible to spectators, it is only of importance to the seminar participants in order to preserve a protected and unobserved environment. The playful character of a role-playing training makes it possible to consciously experience possible actions and is intended to reduce or even completely remove concerns and fears. By acting in advance, security gaps are closed on the basis of successful knowledge and insights. In this way, a variety of different role-playing games can be used to train, evaluate and, if necessary, secure new behavior as new action competence. Safely evaluated action competence is stabilized as behavioral modification and transferred to everyday life. Interactive training can include simple scenarios as well as complex stories. They should arouse curiosity and provoke statements and spontaneous reactions (Gramm, 2002). The following positive aspects of the use of role-playing games can be identified: 5 Flexibility and creativity are promoted through free improvisation in role-playing 5 Knowledge comes to light and is enlarged 5 Problem-solving skills are expanded 5 Enhancement of language skills 5 Promotion of changes in opinion and attitude 5 Expansion of self-confident behavior

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Obstacles to interactive training could occur in children and adolescents with little life experience. Even among adults, inhibitions can arise that counteract the learning process. Since prehistoric times, emotions of fear and terror have protected people from threats. This alarm system is supposed to protect body and life. For this purpose, the triggering danger of an emotion can take place on the basis of a concrete event (fear) or also an indefinite, diffuse event (fear). In the latter case, specific actions that are needed for successful completion of the training are not possible. Thus, the implementation of interactive training requires a professional appearance and preparatory conversations of the seminar leader with the participants in order to reduce stress. The blockade by fear and terror does not have to be based solely on negatively experienced events. The course participants could also have an inner fear of producing themselves, of embarrassing themselves in front of their friends, so that they are laughed at or that they do not meet the demands and expectations placed on them. According to Pohl (2011), however, there can be no further development without mistakes. 11.5.2  Picture Books and Comics

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Picture books and comics are a literary form of learning materials that are often underestimated in their effect and transmission of content. They can lead to visual incentives in children and adolescents, as they combine content and image in a very pleasant way. Not only are complex situations represented in a shortened way, but core statements are underpinned by pictures. To support this, the linguistic means of humor and irony are increasingly used to create a bond with the reader and to be able to present content in a concise way (Nimmerfroh, 2012) Bullying, sexual abuse or other topics of violence prevention can be conveyed in a child-friendly way. A variety of platforms for children and adolescents as well as organizations with a preventive mandate use these media to convey messages (7 Chap. 15). The following advantages speak for the use of picture books and comics: 5 Possibility of identification with the protagonist (victim, nerd, etc.) 5 Easy readability 5 Transmission of feelings and attitudes 5 Increasing the fun factor and the willingness to learn 5 Stimulation of the imagination through visual support 5 Age-appropriate presentation of complex topics (bullying, cybercrime, etc.) 11.5.3  Guided Classroom Conversations

The aim of guided classroom conversations is that the participants actively take part in a group conversation or exchange. In this learning method, the participants are consciously steered by impulses and various questioning techniques by the trainer, lecturer or teacher to an exactly planned goal.

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11.5.4  Unspecific Taining

The unspecific training is one of the most common training methods to, among other things, teach children and adolescents the correct body language for self-assertion. Within school, speeches, drama classes, and mirror exercises can lead to the strengthening of the body language. They should solidify part areas or patterns of behavior from the desired goal without exercising the actual strategy. This means, in relation to self-assertion, that children and adolescents can acquire individual components of the behavior pattern to be learned through simple exercises. The following goals can be achieved and solidified within the unspecific training with the three aforementioned alternatives (. Table 11.3). The listed methods can lead to automatisms with regular application, which contribute to the quick and safe implementation of new competences. The child will be able to adapt the learned skills and apply them in dangerous situations. It will be able to implement certain parts of body language more strongly and self-confidently and to apply verbal communication more routinely. The advantages and disadvantages in the anchoring and increase of the abilities of self-assertion can also be seen in the choice of a sports club. On the one hand in the differentiation between individual and team sports and on the other hand in the values that a sport conveys. The input of diligence and motivation is generally required by any sport, but it becomes difficult, for example, with the values of respect, trust, self-control and collegiality. In many individual sports, such as table tennis, athletics or bowling, the values may be affected by competitions, but they are not lived out on a daily basis in training. However, this is different in sports such as fencing, gymnastics or karate. These are sports in which the discipline of the individual and respect as well as trust in his training partner and coach are lived out and preached from training to training. It will be more difficult to convey collegiality here, which is a main characteristic of team sports. In the field of football, handball or hockey, for example, a great unity and closeness is spoken of. A sport could be useful for the promotion of self-confident behaviour, in which the focus is on character building and strengthening of body awareness; examples of this are combat and gymnastic sports.

. Table 11.3  Training variants Method

Goals, priorities

Speech

Strengthening of language—loud, clear, distinct Strengthening of body language—upright posture, use of gestures and facial expressions Promotion of self-confidence

Drama class

Strengthening of language—loud, clear, distinct Strengthening of body language—authentic behavior, conveying of emotions

Mirror exercises, video training

Strengthening of body language—reflection of one’s own body posture, effect of hands and facial expressions

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. Table 11.4  Integration into everyday life Everyday situation

Goals, priorities

Purchase of individual items such as bread, etc.

Strengthening language—clear, understandable Strengthening body language—eye contact, serious

Exchange of clothing, etc.

Strengthening language—understandable, determined Strong body language—upright posture with clear facial expressions and gestures

Complete grocery shopping

Promotion of independence Confident appearance Responsible action

Approach strangers and ask for help

Overcoming obstacles and clear statements Strengthening language

Manage the school route on foot alone

Promotion of independence Responsibility

An age-appropriate integration into everyday life (. Table 11.4) can also strengthen self-confidence and promote the automatisms for the implementation of self-assertion. In this context, control- and surveillance-intensive activities of parents can be counterproductive (7 Sect. 8.2.1.8).

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References Ach, J. S., & Pollmann, A. (2012). Selbstvertrauen, Selbstbehauptung, Selbstwertschätzung; Die Triple-S-Bedingung personaler Autonomie. Eigenverlag. Andresen, S., Wilmes, J., & Möller, R. (2019). Children’s Worlds. Eine Studie zu Bedarfen von Kindern und Jugendlichen in Deutschland. Bertelsmann Stiftung. Badke-Schaub, P., Hofinger, G., & Lauche, K. (2012). Human Factors – Psychologie sicheren Handelns in Risikobranchen. Springer. Bergmann, J. (2003). Körpersprache. In Deutscher Manager Verband e. V. (Hrsg.), Handbuch Soft Skills Band I. VDF. Centorrino, S., Djemai, E., Hopfensitz, A., Milinski, M., & Seabright, P. (2014). Honest signaling in trust interactions: Smiles rated as genuine induce trust and signal higher earning opportunities. Evolution and Human Behavior, 36(1), 8–16. Denham, S. A., & Weissberg, R. P. (2004). Social-emotional learning in early childhood: What we know and where to go from here. In E. Chesebrough, P. King, T. P. Gullotta, & M. Bloom (Hrsg.), A blueprint fort he promotion of prosocial behavior in early childhood. Kluwer/Plenum. Garrison, K., Tang, D., & Schmeichel, B. J. (2016). Embodying power: A preregistered replication and extension of the power pose effect. Social Psychological and Personality Science, 7(7), 623–630. Gramm, A. (2002). Plan- und Rollenspiele in der politischen Bildung gegen Rechtsextremismus. 7 http:// andreasgramm.de/papers/Gramm_Rollenspiele_in_der_politischen_Bildung.pdf. Accessed: 20. Jul. 2022. Hofinger, G., Künzer, L., & Zinke, R. (2013). „Nichts wie raus hier?!“ Entscheiden in Räumungs- und Evakuierungssituationen. In R. Heimann, S. Strohschneider, & H. Schaub (Hrsg.), Entscheiden in kritischen Situationen: Neue Perspektiven und Erkenntnisse. Verlag für Polizeiwissenschaft.

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Nimmerfroh, M.-C., (2012). 7 http://pb21.de/2012/10/comics-und-cartoons-selber-machen-teil-i-einuberblick-fur-kreative. Accessed: 9. Jun. 2019. Petermann, F., & Wiedebusch, S. (2003). Emotionale Kompetenz bei Kindern. Hogrefe. Pohl, M. (2011). Kreativitätstraining und Kreative Kompetenz – Train the Trainer Reihe. Cornelsen. Quinn, K. (1994). Hände Weg! Selbstverteidigung für Frauen. Zweitausendeins. Reason, J. (1990). Human error. Cambridge University Press. Watzlawick, P. (1969). Menschliche Kommunikation: Formen, Störungen, Paradoxien. Huber. Wiener, A. J., & Kahn, H. (1962). Crisis and arms control. Hudson Institute.

Chris Hörnberger

(B. A.—Criminal Investigation), chief inspector, press officer of the Hessian Ministry of Interior. Former head of the police department in a House of Juvenile Law. He has been working as a licensed violence protection trainer in schools, associations and public administrations since 2013. His seminars cover the areas of self-assertion, conflict and crisis management for various target groups as well as experiential education. His publications to date have been in the area of rampage/school shooting and preventive measures for coping with crisis situations. He teaches police operations management as a guest lecturer at the Hessian University of Applied Sciences for Police and Administration. From 2006 to 2009, he worked voluntarily as youth leader of the Karate Association of North Rhine-Westphalia and for several years as a board member and trainer in a self-defence association.

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Self-defense Options for Physical Resistance Jürgen Fritzsche Contents 12.1 Introduction – 203 12.2 Basics – 204 12.3 Attacks – 206 12.4 Methodical Construction of a Self-defense Seminar – 207 12.4.1 At What Age Self-defense? – 208 12.4.2 Time Management, Group Structure and Number of Trainers – 209 12.4.3 Unspecific Training – 209

12.5 Self-defense (verbal) – 210 12.5.1 Language as a Social Norm – 210 12.5.2 Effectiveness of De-escalation Conversation – 211 12.5.3 Possibilities of Control – 211

12.6 Self-defense (Physical) – 212 12.6.1 Specific Training – 214 12.6.2 Distances – 215 12.6.3 Defense – 216 12.6.4 Holding, Fixing & Levering – 216 12.6.5 Attacks from the Perpetrator’s Perspective & Solution Approaches – 217

12.7 Means of Defence – 219 12.7.1 Electroshock Devices – 221 © The Author(s), under exclusive license to Springer Fachmedien Wiesbaden GmbH, part of Springer Nature 2022 R. Heimann and J. Fritzsche (eds.), Violence Prevention in Education, School, and Club, https://doi.org/10.1007/978-3-658-38551-4_12

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12.7.2 Tear Gas in Cans or in Pistols – 222 12.7.3 Pepper Spray – 222 12.7.4 Recommended Aids – 222

References – 223

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Self-defense is the ultima ratio in a massively conducted conflict. It is required if all attempts to calm down a opponent fail. A combative solution should only be sought for the protection of life and limb. If it comes to the inevitable at the end of an escalation chain, only the quickly achieved victory counts. Elaborate, technically brilliant sports action falls back behind effective combat forms. The defense against a present attack is covered by the right to self-defense. In this chapter, hints are given how such training for an emergency should look like and how the importance of aids for defense is to be assessed. It will be illuminated whether they may have a certain deterrent effect in connection with self-defense or rather entail a risk of self-endangerment. Exemplary behavior of children and adolescents is presented, among other things, in the school context, as schools are increasingly confronted with the question of an effective training in self-protection.

12.1  Introduction

Persons responsible for children and adolescents are increasingly confronted with the question of an effective training in self-protection. Investigations by Andresen et al. (2019) on eight- to fourteen-year-old children show that, depending on the type of school, the perceived feeling of security fluctuates. Nineteen percent of elementary school students feel their school is unsafe. Later, this increases to up to 33.4% for secondary school students. In addition, Rees and Main (2015) were able to prove that the feeling of security is a central component of general well-being. If young people feel insecure and threatened, it is inevitable that parents and educational institutions will also have to deal with the idea of self-assertion and self-defense training. According to the Duden (2018), in addition to Quinn (1994), self-defense comprises verbal and nonverbal actions that are suitable for defending oneself against any opponent and repelling them. These perpetrators attack the mental or physical integrity of a person. In the context presented here, self-defense refers to learned skills for self-protection against interpersonal violence that are legally protected by the self-defense provision (§ 32 of the German Criminal Code). Scheithauer et al. (2008) specifically concretizes interpersonal violence (7 Chap. 1) as follows: “a specific, targeted physical and/or psychological intended damage to one/several persons by one/several other persons who have a higher physical and/or social strength/power.”

The feeling of having to defend oneself against a perpetrator opens the door to a wide market (Staller et al., 2016; Heil et al., 2017). There are many providers and countless concepts that offer ways to avert a potential escalation of violence. This chapter will describe the basics of an effective fighting technique and possible problem areas that allow educators, trainers, and decision-makers to make the best possible choice when it comes to a potential seminar offering. Only proven concepts should be considered by decision-makers. Unfortunately, however, the cost factor of a seminar is often focused on just as much as the content-related aspects. Lacking financial resources, especially in the school context,

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are partly responsible for this approach. The topics of “security”, “self-assertion” or even “self-defense” are not existent in the Curricula of the ministries of education and are thus hardly taught. The training level of the teachers is also not available in this respect and if it is, it is due to private interests. Thus, teaching institutes have to rely on external experts. They have a clear economic interest in an order. The cost range of a provider often says little about how professionally and pedagogically valuable this is. A concept selection, mainly depending on the available financial means, can lead to quality defects. To minimize this problem, various funding opportunities can be used to support financing (7 Chap. 15). People who are responsible for children and adolescents and who are looking at seminar offers expect—if self-defense is a desired component of this offer—the transfer of physical techniques that are to be automated in the course of the course. The sale of further follow-up courses does not help the seeker of security to solve his primary security concerns in a timely manner. All too often, laymen are offered or conveyed countless techniques. The participants have the right to learn effective physical solutions for an attack on life and limb within a short period of time. Further techniques should, if at all, only be available afterwards. A “keep secret” until the visit of the highest level is not very participant-friendly. Martial arts systems that apparently only have economic interests are not very suitable to offer a viable solution for physical self-protection. The confirmation of a self-defense ability through examinations and belt colors often has more to do with customer loyalty and does not necessarily contribute to the stabilization of a learning success of effective defense techniques under crisis-prone conditions. In addition to these “hard skills” of self-defense techniques, “soft skills” such as perception and vision training, attention training, strength training, mental combat preparation and de-escalation techniques in the broadest sense serve to optimize the chances of success in an emergency (Körner & Staller, 2018) (7 Sect. 12.6.3). It is of little use to try to learn attacks against life and limb merely by descriptions in a book. Therefore, decision-making aids are presented in order to identify serious and professional offers and providers. Intentionally, series of pictures with “tricks” to “defeat” any opponent are avoided. Self-protection is neither weakness nor fear, but responsible professional action. Physical self-protection in a conflict should be the last resort. Before using any self-defense, possible risks should be assessed and alternatives to action should be sought, such as distance-creating measures (7 Chap. 11 and 14). 12.2  Basics

At any moment, a person evaluates himself and his surroundings. Situations are classified as unimportant, challenging (boredom, frustration) or demanding (exhaustion, increased error rate, irrational problem solving). This stress is intensified by additional stressors, such as noise, sleep deprivation, time pressure or a threat. To what extent a person perceives a situation as frightening or challenging depends on many factors, such as his experience or the form of the day. The body reacts according to the current overall condition with performance-enhancing or energy-saving. Overloads regularly lead to helplessness. The different states are related

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to biochemical processes in the body, which regularly escape conscious control. If individual predispositions and behavioral changes are noticed with mindfulness in the seminar operation, overloads can be recognized early before they lead to helplessness. An increased neuromuscular excitation level primarily has the evolutionary task of increasing vigilance and tension in order to be able to react in a timely and survival-enhancing manner in dangerous situations. Body’s own stress hormones, such as cortisol, responsible for long-lasting stress reactions, as well as adrenaline and noradrenaline, for short-term stress reactions, control the organism. When a person gets into psychophysical exceptional situations, his or her vegetative nervous system switches to an emergency mode. The body is prepared for an impending crisis by the activated sympathetic part of the vegetative providing hormones (e.g. adrenaline, endorphines (glossary)) which enable the person to fight or flee (Cannon, 1975). The primarily for regenerative processes important parasympathetic (glossary) is downregulated; such processes are not required at this time. This, the survival-protecting behavior, causes stress reactions in the body of the affected person, which, for example, lead to a higher power output. The maximum power that a person can call up voluntarily is called maximum power. It is about 30–40% below the absolute power in an untrained person. This power deficit can be released in an emergency situation in the body and explains the “incredible” forces that a person is able to activate in a crisis. In addition to muscle size, the level of nervous readiness (excitation state; . Fig. 12.1) is decisive. This level optimizes the conduction of stimuli under secretion of specific stress hormones and thus influences the power transfer. Furthermore, the blood supply to less important regions (e.g. skin) can be switched off and the flight orFight necessary muscles are optimally supplied. Blood pressure and pulse rise and blood clotting improves. The body prepares for a possible injury. Adrenaline also optimizes the provision of energy reserves from fat and glycogen stores, dilates the pupils and puts the brain into

Psychophysical performance level Maximum power

High Challenged Medium

Exhausted, irritated, anxious

Stable

Overwhelmed, panic-stricken, dysfunctional fight, flight, paralysis of shock Low

Stress Zone

Relaxed Load, stress level

. Fig. 12.1  Nervous excitation level. (nach Yerkes & Dodson, 1908)

Overwhelmed

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a standby mode. The pituitary gland releases endorphins, resulting in less pain. This increased level of activity also affects the respiratory system. The bronchi dilate and the person is able to take in more oxygen and supply it to their muscles. If the reason for the body’s own stress reaction is over, the system regulates itself again. The body, and thus the person, experience a normal state of excitement again. 12.3  Attacks

In conversations with school directors, parents and guardians, questions are repeatedly asked about how their wards should behave in certain, seemingly everyday situations. For example, if they are suddenly embraced from behind, threatened with blows or a weapon. In people’s heads there is a “worst case” scenario (7 Headlock), which regularly leads to overwhelm when trying to find a solution. Headlock

A mother tells a teacher that her son is taken in a headlock by a teenager “for a long time” on his way home from school every day.

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Which thoughts are helpful in order to approach a realistic assessment and to derive recommendations from it? Here is a selection: 5 What happened before? 5 How did the perpetrator get so close to the child? 5 Were danger markers identifiable before? 5 If yes, why were they ignored? 5 If no, how can the attacked child sensitize the danger radar? 5 What does “eternally long” mean here (30 s, 2 min, half an hour)? 5 What happens afterwards? It may be that the victim can no longer defend himself in the sweatbox. But the perpetrator is not doing this “eternally”. Does the fact that something follows afterwards offer an opportunity to escape, to get help or to fight? After considering and evaluating what a perpetrator can do in reality to fix his victim, an examination is made of what would happen if the theme were interpreted in the opposite way: For some readers, the topic of self-defense suggests that fixing a perpetrator could be a viable means of defense (7 The Perfect Hold?).

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The Perfect Hold?

A physically weak victim has somehow managed to fix and temporarily neutralize a physically superior opponent with a lever or hold. How long should this state now continue? Alternative 1: If the physically inferior party ceases his or her efforts, the perpetrator can immediately continue the attack. Alternative 2: If no one comes to the aid of the victim, the fixation must continue until the victim is physically exhausted. Afterwards, the perpetrator can continue the attack.

A consideration guided by logic shows that feeble attempts at defense that do not receive support from others in the form of assistance will eventually result in the victim remaining in his or her victimization. Fixation techniques are intended for professional application. Anthropometric requirements (glossary) such as arm length, grip width, and the resulting lever ratios make it difficult for laypeople to use; the higher force capabilities of professionals compared to untrained people are added. During the course of a seminar, there is rarely time to deal with the automatism of techniques. Given the physical possibilities in childhood and adolescence, it must be assumed that such a defensive capability is only possible to a maximum against peers. > A physical form of resistance must be learnable in an age-appropriate manner, actually implementable, and able to bring about a reliable and lasting end to the attack.

The numerous and demanding techniques that an experienced trainer in classical martial arts has learned over the years, he or she may want to impart in a self-defense course lasting several hours. This regularly leads to motor and cognitive overload on the part of the students. In addition, frustration regarding implementation and the feeling of having paid the seminar fee in vain arise. 12.4  Methodical Construction of a Self-defense Seminar

Any self-defense course should show the most realistic possibilities of physical self-defense in an age-appropriate manner and then stabilize and automate these skills under constantly changing conditions in scenarios. Quality is more important than quantity. A technique is sufficient if it works. Training methodological teaching concepts could be: 5 From light to heavy 5 From known to unknown 5 From simple to complex 5 From general to specific The duration of the training is likely to be decisive. The more time is available, the more sustainable techniques can be internalized. A minimum of technical variety should go hand in hand with a maximum of practice. Scenario training internal-

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izes and automates processes and stabilizes offensive and defensive alternative actions. The scenarios should be carried out as varied as possible, taking into account age-appropriate teaching, in order to be able to call up a stable repertoire of action in critical situations. It is not advisable to practice scenarios of an assaultive nature with small children; nor are fear-inducing exercises taboo (ZGF, 2016). Self-defense training should take up, expand and consolidate the action patterns already practiced in the self-assertion training, as only known or trained actions can be called up safely and without delay in stressful situations. The goal must be stress stability under increased decision-making pressure in psychophysical emergency situations. Self-protection requires constant psychophysical training. Training in this area is based on positive and negative experiences from everyday life, which should be trained under constantly changing conditions. Examples can be found in the everyday experiences of the participants and from media examples such as police prevention videos or image material (7 Chap. 15). 12.4.1  At What Age Self-defense?

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At what age with a self-defense lesson for children should be started is controversial. So children are taught in mathematics from the first grade, but nobody expects first-graders to master integral calculus. The factor time thus allows a progression, even for the most demanding topics. It is therefore conceivable to learn first physical means of self-protection, for example as part of sports lessons, at a young age. For the primary level, “fighting with and against partners” and “wrestling and, for example, judo” are listed in the core curriculum of the state of Hesse for sports lessons (HKM, 2018a, b). This fighting according to rules from the first grade serves, among other things, to develop and train balance, strength, and combat sports-specific tactical skills. However, fighting according to rules has nothing to do with self-defense “on the street”. Here, the first core competencies of the duel are trained. Böhnisch-Kielkopf and Winter (2014) describe the possibility of promoting psychophysical competencies through combat-oriented game and exercise forms. They point out that even children can learn action speed and tactical skills. The high density of action specific to combat can already be acquired and developed in elementary school, which in turn can serve as a sensible starting point for learning effective self-defense. There is a wealth of literature dealing with the topic of combat-oriented game forms (Lange & Sinning, 2012). These are an ideal introduction to the topic and also serve to consolidate it in the long term. The use of force or body contact is trained as well as reactive, anticipatory and tactical behavior. From the age of six to seven, motor skills develop particularly well (7 Chap. 6) and children learn new things almost playfully. At the same time as new technical repertoire is acquired, strength should be developed (Lesinski et al., 2016). The combination of an increased technical repertoire and increased strength is conducive to the development of a healthy self-confidence in one’s own abilities and skills. The assessment of “one’s own performance and willingness to perform” and “the awareness of one’s own potentials is a prerequisite for the development of a positive self-concept” (HKM, 2018a). This, as part of a universal prevention c­ oncept

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(Scheithauer, 2008), can prevent one from being selected as a victim in the first place (7 Chap. 4). The police recommend training no earlier than eight years of age. The training should ideally be supported by familiar caregivers in everyday life (Ebert, 2005). This could easily be implemented as an integral part of the curriculum. If external providers are chosen, the recommendation could be to integrate a caregiver, such as a teacher, into the seminar operation. In summary, it can be concluded that even young people are capable of defending themselves against people. Whether this only works with peers, with older adolescents or with physically superior adults, of course depends on the individual’s age, anthropometry, technical-tactical level and the context in which the attack takes place. 12.4.2  Time Management, Group Structure and Number of

Trainers

When planning the time frame for a self-defense course for adolescents, the age-specificity must be considered. First steps should be taken through weakened interactive training, which could experience further progressive increases over the course of a seminar or a school semester. The minimum offer duration is six to ten hours, preferably spread over several dates (Pauls, 2005). More time means an investment in more security and promotes child learning. Ideally, corresponding security topics should be long-term. So it should be considered whether, during the entire school year, learning content on security topics, self-defense and self-assertion should be an integral part of various subjects. In this way, ideas for self-protection could be deepened over the years. In order to be able to take such steps with children and adolescents, a quiet and learning-friendly setting is required within the framework of an offer. Especially with children, groups of 10–15 participants with two instructors have proven to be successful (ZGF, 2016). Larger groups slow down the learning process and thus indicate an economic background. With two trainers, the required supervision can also be adequately met. If the course structure is not otherwise specified by the client, there is nothing against a co-educational approach. In the school context, this is a familiar part and should always be guaranteed by clubs and external providers. 12.4.3  Unspecific Training

Unspecific training describes a way of practicing that contributes to optimizing learning success and better implementing acquired skills. First and foremost, controlled school wrestling and scuffling as part of physical education helps to reduce possible fears during contact training. Touching another human being is not necessarily liked by every adolescent. Also, in certain phases of life, the opposite sex is taboo as a training partner. Competition games and exercises for controlled measuring of forces serve to become aware of one’s own abilities and are indispensable for the development of a healthy physique.

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Perception

Anticipation

Decision

Action

Detect signal

Form a hypothesis

Define action goal

Execution Control

. Fig. 12.2  Training of reaction speed

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In the non-school sector, all kinds of combat sports and martial arts systems compete for the topic of self-defense. They can contribute to creating a high level of technical automation. Unlike a self-defense seminar, skills such as avoidance (evasion), defense, falling, throwing, punching and kicking are refined here for months or even years. A visit to tournaments creates additional self-confidence and also promotes correct tactical behavior in combat. The effectiveness and effectiveness of technique can be optimized methodologically through strength training (stronger and faster) as well as tactical elements (feints). An increase in strike frequency or kicking power helps to defend against an attacker (Fritzsche, 2010). Recent research results show that child-friendly strength training can be carried out without hesitation (Lesinski et al., 2016). The training of the reaction (. Fig. 12.2), anticipation and avoidance behavior can be well taken up and refined via a visual training (glossary). Exercises with and without a partner are essential at some point in a combat training (Laser et al., 2011; Fritzsche, 2013, 2014; Malkov & Romashov, 2018). Visual training is not the only key to success in self-defense training, but like the element of force, it is an important building block. 12.5  Self-defense (verbal) 12.5.1  Language as a Social Norm

Language is one of our most important means of communication. With it, humans can express their feelings, wishes and needs. In general society, a calm tone in communication is appreciated. Reciprocal questions and answers in a exchange characterized by politeness are also the norm. Even in a contentious discourse, communicative standards are demanded. However, this attitude should be critically questioned in view of a threat. Implementation problems arise when long-internalized social customs are to be replaced by important security-relevant verbal defense elements in exceptional situations. Inbred politeness in a crisis over: “Would you please …”, to express, causes more problems than it provides solutions. Potential helpers could get the idea not to intervene, since precisely these politenesses are common in normal conversations. The helper is not clear about the situation of

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danger and does not offer his support. The victim would have missed a good chance for assistance (7 Chap. 11 and 13). 12.5.2  Effectiveness of De-escalation Conversation

In verbal self-defense, an attempt could be made to move two people who are at odds with each other towards each other using linguistic means such as non-violent communication according to Marshall Rosenberg (2016), in order to find a consensus. However, it may be that an aggressive counterpart is not interested in responding to “I-messages”, wishes, the expression of feelings, needs and a subsequent concrete request. This can fail due to lack of intellectual ability or willingness. Therefore, in such a conflict it is decisive what still remains as a linguistic means in such a case. > Deeskalative communication can only be successful if the counterpart agrees to the communication.

People who are in exceptional situations are often no longer able to communicate sufficiently. At first technical terms, and with increasing tension also simple words, are not present in stress and are lacking in linguistic expression. Our brain reduces its abilities in an increasing threat situation. In the end, according to Cannon (1975), only fight and flight are left. shock paralysis or also anxiety-related unconsciousness (“Freeze”, according to Gray, 1988) is to be excluded. Although it is a human-specific survival reaction in extreme stress, it is not an active process of avoiding danger and solving problems (Brascha, 2004). Linguistic means of self-defense are no longer possible at this time, as the language center in the brain is literally turned off. Even professional martial artists can only produce guttural sounds in an altercation according to rules, at a certain stress level. However, brain areas that offer threat-avoiding solutions experience maximum activation. The affect regulation, which still allows verbal competence in crisis, can be trained. Linguistic means only work in progressive danger situations if action is taken early. This includes, for example, the paradoxical intervention. Its goal could be to allow a victim or helper to separate perpetrator and victim. Using a battle cry to scare, distract or intimidate an aggressor can have a certain effect. It should be noted that first of all a mere sound does not call for help from third parties, and secondly that not everyone is able to express themselves in this way. 12.5.3  Possibilities of Control

In order to find the appropriate ways to linguistically oppose an opponent, it is necessary to carry out a preventive risk and security assessment (7 Chap. 11). The metaphor of a balance is very helpful for this. In one balance are ideas of action that help the perpetrator more and represent a potential risk for the victim. In the other balance are tendentially safe action concepts (7 Chap. 14). That in crisis-prone situations linguistic interaction can and should take place is beyond question. It is obvious that the language competence of a first-grader is limited. Therefore it is all the

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more important that young people are already taught which words should be said in threatening situations. Furthermore, it is important in which form these words should be spoken in order to find a way out of a crisis as reliably as possible. Under Stress the language center of the defender only works to a limited extent. In addition, the transmission of an extended message takes longer and is also hardly cognitively processable for the receiver (perpetrator), who is also in an exceptional situation (7 Sect. 12.5). Therefore, only certain, short and clear messages are to be sent, which express precisely what the affected person wants. In an appropriate volume, short instructions can be given such as: “Leave me alone!”, “Let me pass!” or one-word sentences such as: “Stop!” or “No!” (7 Chap. 11 and 14). Avoid asking questions such as: “Why are they doing that?” or “Would you please leave me alone?” These partly rhetorical questions do not lead to a solution in further discourse and prolong the dialogue (7 Perpetrator-Victim-Dialogue). What is decisive for successful verbal self-defense is that it is used early on, as long as this is still cognitively possible. It is important that neither insults nor threats are made. There should also be no loss of face for the perpetrator at any time (Kilb, 2012). Insults and threats carry the risk of escalation and with threats, the person often forfeits a surprise moment and warns the attacker (7 Chap. 11). Verbal self-defense also includes follow-up care. This means that after a physical confrontation, the victorious victim takes care of help, protection or support. A: “Help me, I’ve just been attacked!” also shows all onlookers who is the victim and who is the perpetrator.

Perpetrator-Victim-Dialogue

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Perpetrator: “This is my seat on the bus. Get out of here!” Victim: “I was here first. Why are you doing this?” Perpetrator: “Because I’m bigger and stronger than you.” Victim: “?…?”

12.6  Self-defense (Physical)

In realistic practice, it is not about the quantity of techniques, but about the effectiveness. Therefore, it should never be about the alleged advantages of any highly traditional martial arts systems. The pedagogical approach must be detached from where a effective technique comes from, who conveys or invents it. Ultimately, all experts should come to the same result when the implementation difficulties are taken into account in the context of children and adolescents. If a repertoire is found, it must be applied without classical repetition learning. Only “punching in the air” without partner exercises, or the action on pads and punching bags, carries the risk of transfer losses to reality (Jager et al., 2013). However, these are not acceptable in the case of self-defense and the use of self-defense

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to protect life and limb (Körner & Staller, 2018). The situational complexity of violence confrontations makes it necessary to address this problem in a physical training “man against man” (trainer against participant), so that as few transfer deficits as possible occur (Staller et al., 2017; Körner & Staller, 2018). A pure acquisition of knowledge about the use of various media (e.g. picture cards, flipcharts, videos, computer presentations, etc.) is not promising. Rather, an action-oriented learning environment (scenario training) is the means of choice (. Fig. 12.3). Green and Green (2005) formulated an appeal for cooperative learning. In this way, a suitable learning environment replaces the sole search for the goal. The participants stabilize knowledge on the basis of an active learning process. Problem-solving and longterm learning strategies are trained individually. For the trainer, the task is to mimic the perpetrator in the scenarios to be practiced. This is more challenging than lecturing in frontal teaching or letting the participants practice with each other. It also requires a certain amount of protective equipment to secure one’s own health. If this is large-volume and worn around the body (full-body suits), maximum intactness is guaranteed. From the participants’ point of view, however, an unrealistic image of a perpetrator who hardly moves and seems invulnerable is created. A reliable reduction of strike or kick inhibitions does not take place against a fully protected trainer. So in the end, minimal equipment, invisibly attached, is the optimum solution for both trainer and student. Providers of self-defense training usually refer to a linear cause-and-effect model. The basic assumption of this model is that a participant can control everything if he only practices long and intensively enough. Training-oriented exercise forms have their relevance, but are not implementable in the context of time constraints, especially in the school context. The uniform setting of solutions in the

5% Carry forward 10% Reading 20% Audio-Visual 30% Demonstration 50% Discussion group 75% Apply by doing 90% Apply what you have learned

. Fig. 12.3  Learning pyramid according to Green and Green (2005)

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case of self-defense neglects the individual needs of the participants and their anthropometric conditions (glossary). A non-linear solution model for self-defense training, on the other hand, supports creative problem solving without too much focus on the path to it. It minimizes the internal focus of prefabricated solution strategies and offers a higher variability in the search for solution options through an external focus. The intrinsic motivation promoted in this way increases the stability and reproducibility of the found solution approaches (Körner & Staller, 2018). 12.6.1  Specific Training

A tactically sensible self-defense concept should aim for an offensive approach that is designed for technical simplicity (7 Cognitive Overload) and versatility of applicability. A flood of techniques that only help in certain situations, such as a school context (Besold et al., 2005), can be ineffective outside of that if help is not available in a timely manner. Cognitive Overload

A young girl has to defend herself against an adult man. She has been taught defensive movements, attack strikes and kicks. This raises various questions:

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5 Which technique should she use? 5 With left or right? 5 Fight with leg or arm? 5 Act with open or closed hand?

Ideas that most fights end up on the ground are also unhelpful. Ground fighting training (7 Sect. 12.6.5.3) is time-consuming and difficult to apply against physically superior perpetrators. Technical variety cannot be learned effectively in a multi-hour seminar. In the sporting context, practicability is only achieved after years of practice (Häckel, 2004). The aforementioned concerns only lead the authors to rely on the techniques that are applicable to children, under all circumstances, in every context, and learnable in a seminar with a low number of hours. Physical self-protection against a perpetrator is an exceptional situation with a high action pressure for a layperson. Social values such as politeness, helpfulness and friendliness must be completely set aside at this point of a conflict (7 Chap. 11 and 14, 7 Sect. 12.5.3), as they reinforce a strike or a fight inhibition. The stated goal must be to bring oneself to safety through offensive immediate measures (ZGF, 2016). Only if that is not possible, it is necessary to win the fight and to do so in the shortest possible time. A prolonged fight entails a considerable risk to one’s own integrity. A massive physical confrontation brings extreme physical and psychological challenges with it; the development of increasingly unforeseeable situations by

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the perpetrator must be countered. In addition to training the physical and technical-tactical components, only realistic scenarios (role-playing) are ultimately able (Pauls, 2005; 7 Chap. 11 and 14), to bring together the prepared skills and abilities. 12.6.2  Distances

The writer Jonathan Swift (1667–1745) said: “If someone forces me to keep my distance, I have the consolation that he does the same.” (Fritzsche & Raschka, 2018). Literature on fighting in the broadest sense always describes the importance of the distance to the opponent in interpersonal conflicts (Graf, 1995; Besold et al., 2005; Kernspecht, 2007; Höller & Maluschka, 2010). The distribution in space and the distances to our fellow human beings are associated in the theory of proxemics (glossary) with certain meanings and emotions. A socially adequate, public distance with strangers is opposed to a personal proximity with acquaintances and the intimate proximity with a partner. Sub-areas of communication describe further facts such as touches, eye level and direction of gaze. The latter plays a role in self-assertion and self-defense in that it should be directed towards danger (7 Chap. 11). If the attacked person looks at the perpetrator’s face out of politeness and neglects to look at the hands, dangerous objects could be overlooked. Not only in socially adequate communication, but also in a conflict conversation, a de-escalating conversation and the active resistance to a perpetrator, the distance topic is of essential importance. However, not every learned possibility of self-protection can be used in every situation (7 Silly Action Patterns). Silly Action Patterns

1. A student is thrown a bottle from a distance of 3–4 m and tries to use her learned fist strike in response. 2. A teenager is attacked in the train passage and wants to react with a kick. 3. A grip from behind in the hair of a child is to be answered with a knee strike.

A fist punch from more than one meter distance should be just as little chosen as the use of a kick in close combat can be problematic. Thus, it is necessary to provide participants in a seminar with a reasonable repertoire of techniques that can be used at different distances. It must be clear that the use of a kick in a school bus, in an elevator or any other limited space is only possible to a limited extent. There is nothing against this technique in general, but only in the specific case of close combat. If more range is to be used, there are advantages through the higher kicking than punching power and because the foot is partially protected by shoes. However, the coordinative abilities and thus the possibilities of use are usually more pronounced in the upper extremities. Since prehistoric times, social contact had to be weighed up at any time as to whether it was friendly or hostile, whether a visitor wanted to warm himself by the fire or steal it. A peaceful coexistence is only possible if a certain proximity is

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a­ llowed. An encounter with strangers that takes place too close causes discomfort. Trust is needed to allow this proximity. Otherwise, the person is classified as a potential enemy and a defensive behavior is shown by increasing the distance. Repeated violations of distance are stressors and are classified as aggressive. Children who crowd others on the bus, adolescents who squeeze themselves obtrusively next to the victim of bullying in the narrow changing room in order to deny this person any space to change or the pressing in the narrow elevator leave a feeling of unease. Reflectively, this has emotional consequences. Unpleasant feelings make the gaze drop to the ground and the uncomfortable body contact makes us insecure and stressed. The often recommended ignoring look away is of little help in an impending conflict. If the natural safety distance (about two arm lengths) (Höller & Maluschka, 2010; Fritzsche & Raschka, 2018) is undercut, a look away increases the risk: a small distance to the perpetrator shortens the reaction times, increases the density of action, requires high action speed and restricts peripheral vision. In sum, this leads to enormous stress and increased danger for someone who is attacked. Training the distance-specific characteristics in a conflict situation can be an integral part of an extended self-defense training. In this case, exercises should be developed to maintain and overcome all relevant distances through scenario training. 12.6.3  Defense

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In the case of a physical confrontation between children and adolescents against stronger people, the question of defense and self-defense techniques does not arise. To believe physically weaker people in the relevant security and to be able to stop permanently acting perpetrators would be irresponsible. What is still effective against peers on the school playground fails in its application when a third-grader tries to stop the blows of a ninth-grader. It is understandable that institutions and educators are looking for solutions to their problems in their environment. These are primarily problems with classmates. The approach to be able to defend oneself effectively against every, even potentially much stronger, perpetrator requires that fighting must also be taught. In the school context, the desire for self-defense can fail. This is partly due to the fear of abuse of newly acquired skills on school grounds. However, a preventive security training should include the solution of “worst case” situations. In the end, only an actively conducted fight is able to defeat a physically uncompromising perpetrator. 12.6.4  Holding, Fixing & Levering

The physical resistance of a weaker person against an aggressor should at least lead to the separation of perpetrator and victim. The safe escape must be preferred to any fight. If this criterion is observed, all holding or lever techniques are ruled out, as they are primarily only feasible in close combat. They also require either an enormous physique or a high technical and tactical skill. Depending on the age of the participants, this is more or less practicable. Here too, the following applies:

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What seems feasible for two opponents from the primary level, is impossible for a child or adolescent during confrontations with adults. Another aspect is the limited time frame of seminars. Due to this, self-defense techniques must not be too complex, as they must be automated and also withstand stress. Only “a few simple and effective self-defense techniques that even untrained people can use in an emergency situation” remain (Pauls, 2005). Reducing the number of options helps to find solutions, makes the trainee more action-oriented and saves a lot of time in the seminar. With one or two techniques, a perpetrator can be neutralized across situations with the highest probability. Learning additional solution options is not effective and regularly leads to the trainees feeling overwhelmed. 12.6.5  Attacks from the Perpetrator’s Perspective & Solution

Approaches

It is a misconception that perpetrators have manifold possibilities to become aggressive. Rather, by categorizing into attacks from the front, from the back and on the ground, specific countermeasures by the victim can be worked out. A direct hit or kick is defenseless for anyone. If the victim is attentive and able to turn to an approaching perpetrator, then the attack from the front is to be preferred over a rear attack. Attention at the beginning of an escalation contributes significantly to increased security. In general, it should be noted that weak defense attempts must be avoided. Because if they don’t work, more techniques have to be called up. This requires a high level of action competence, which must be created beforehand under enormous time pressure. Since any extension of the fight can have self-endangering effects, the question must be asked why these final techniques are not used immediately. > Weak defense attempts increase the risk of the victim being injured.

12.6.5.1  Attacks from the Front

Recommendations from self-defense describe maintaining a safety distance of at least two arm lengths. The source of the danger, the aggressor, should be looked at in order to be able to avoid a blow if necessary. Outstretched arms towards the perpetrator support a non-verbal “stop” of the safety distance (7 Chap. 11). From the perpetrator’s point of view, if the distance is not maintained, the arms and hands are in the way in order to be able to act adequately on the victim. Other procedures could be holding on to pull the weaker person closer or pushing the barrier away to have free access to vulnerable regions of the body. This results in the fact that an attack from the front must also be defended in this position. Critical to question are recommendations, such as blows to the ears, finger stings in the eyes or blows to the throat. First, with these techniques, an enormous strike inhibition is to be expected due to the potentially lethal actions. Furthermore, the question must be clarified, for example, how the sting of the eye can be trained realistically (7 Negative Examples). However, the decisive factor is probably whether a child defender is big enough to reach a juvenile or adult attacker with such resistance at all?

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Negative Examples

1. A coach holds a pillow with eyes painted on it in front of a child and this child pokes at the eyes with his index and middle fingers. 2. A student has to hit the neck of another girl in the seminar, without touching it. 3. A football brought along by the seminar leader serves as a “head replacement”. The seminar leader simulates hitting the painted ears on the football.

Alternatives such as a kick to the shin or on the foot are painful and have an appropriate but always short-term effect on peers. However, an adult offender is not necessarily hindered from continuing his act. As little as a chance to bump into the shin on a low table causes someone to drop objects from their hands or not to continue, in a fight, a shock technique like a kick does not necessarily lead to the termination of the action, but at most to a delayed fight action of the perpetrator. He now knows that resistance will occur. The element of surprise is gone. The child victim now has to deal again with which technique is next to choose. Thus, only the active resistance by means of a blow or even better a kick in the genital area remains. This form of resistance already leads to considerable impairments in male and female attackers with little power and makes a safe escape more likely. The Hawaiian proverb: “Who learns to be a warrior must also learn to run away,” underlines the connectivity of fighting and controlled retreat. 12.6.5.2  Attacks from Behind

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Attacks carried out from behind against the target person could, for example, involve grabbing the hair, an embrace around the neck or upper body, or a blow to the victim. There are two possible approaches to dealing with an embrace around the body: release techniques and interruption techniques. Release techniques are used to break the embrace. Both opponents are then still fully capable of action. It does not stop the perpetrator from continuing to act on his target. The continuation of the fight due to a weak defense attempt must be avoided. Only the quick and safe winning is still relevant in the event of maximum escalation. Interruption techniques are defensive forms that make the attacker immediately incapable of fighting. The aforementioned blow to the genitals meets this criterion. 12.6.5.3  Ground Fighting

A fight can take place on the ground for various reasons: a beaten person staggers and falls to the ground, evasive movements or slipperiness lead to an unintentional fall. The first thought must be to get up as quickly as possible. Remaining on the ground significantly reduces the ability to defend and massively restricts the possibilities of escape. Ideally, this is done as quickly as possible with a view to the danger and an increase in distance from the perpetrator. This option should only be chosen if the perpetrator is at a sufficiently large distance. If the opponent manages to push the person getting up during the attempt to get up, the uncontrolled fall backwards is threatened. Without having trained in a specific fall school, injuries are likely during the backward fall. Surrounding objects could just as well be

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dangerous obstacles such as house edges, fences or street lamps. A collision with the head can lead to severe trauma (e.g. concussion, contrecoup, epidural hematoma (glossary)). Integrating a fall school professionally into a seminar requires a huge amount of time. This is often not available. Therefore, it should be worked out in an awareness training not to come to the ground. In the event that this nevertheless happens, the focus should be on an effective form of ground fighting. This includes making it impossible for the attacker to continue to act on the victim. Lying on his side, the person who has stumbled could bring his legs between himself and the perpetrator and defend himself if he attempts to get closer or even to the ground. The side position, with as little contact area to the ground as possible, allows for a quick turn on the ground and fewer secondary injuries due to rough, loose or uneven ground. If the perpetrator nevertheless comes to the ground and thus to the victim in order to act on it, the victim again has the possibility to act on the genital area. If this is not possible, vital areas in the head and neck area (e.g. ears) can usually still be attacked. The restriction here is that these techniques can only be trained to a limited extent (7 Sect. 12.6.5.1). > In the case of physical defense, the blow or kick to the attacker’s genital area meets the criteria of an abort technique. The goal is to end the attack as quickly and definitively as possible.

12.7  Means of Defence

Parents who reject physical means of defence for their children usually leave them with alternative means of defence (7 Pepper Spray as an Aid) on occasion. This approach has disadvantages, which are presented in this section and weighed against any advantages. Pepper Spray as an Aid

A 12-year-old is repeatedly harassed on her way home by students from the neighboring vocational school and turns to her mother for help. The mother decides to buy her a pepper spray for self-defense against the students in the next drugstore. There is no further dialogue about the application process or the limits of use.

Objects that are receiving more and more attention can be divided into two groups. On the one hand, all objects that are similar to weapons and are suitable for making the opponent incapable of fighting (. Table 12.1) and, on the other hand, means of defence that are intended to make potential helpers aware of a critical situation (. Table 12.2). Especially in the first group, the line to illegality (BJV, 2019a) is often fluid and thus, under certain circumstances, means of defence are used that are legally prohibited. The list of means of defence (. Table 12.1) does not claim to be complete and should not be misunderstood as an invitation to acquire these objects. For parents, coaches and educators, it is a list of things that they may be confronted

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. Table 12.1  Means of defence Means

Possession is legal

Means

Possession is legal

Apparent weapons

Yes

Brass knuckles

No

Baseball bat

Yes

Keys

Yes

Electroshock devices

Yes

Stun gun

Yes

Gas gun

Yes

Firearms

Partially (firearms license)

Objects that conceal weapons (rings, belt knives, saber sticks, etc.)

No

Skunk extract

Yes

Kobutan

Yes

Taser

No

Knife

Partially (no one-handed, butterfly, drop, spring knives; consider blade length)

Tear gas

Yes

Nunshaku, choke sticks

No

Sap

No

Pepper spray

Yes

Tonfa, multipurpose baton

Yes

Precision slingshots

No

Throwing stars

No

Razor blades

Yes

. Table 12.2  Deployment tools to draw the attention of potential helpers

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Resources

Legal

Alarm transmitter, scream alarms

Yes

Whistle

Yes

with or that they may find and to which they should react appropriately in such a case. Even if the possession of weapons is allowed, bans can still restrict the carrying of equipment locally and temporarily. This is the case, for example, at concerts, sporting events, trade fairs, public festivals and large events (BJV, 2019b). This table does by no means replace legal information about the current legal situation. All aids have the same disadvantage: they could be stolen by the perpetrator. This happens, for example, through a inhibition by the owner to use the aid. If this is the case, the use is threatened. However, this does not represent an increase in security for the victim. The perpetrator gains an advantage in knowledge about the existence of the aid and can now decide for himself whether to follow the threat or to oppose it. If he gains access to the equipment, it can be assumed that the inhibition to use it on the perpetrator’s side is significantly lower and the risk for the victim increases. > The possible inhibition, to use an aid, is only present on the victim’s side. As a result, the perpetrator may be able to steal it and use it against the victim.

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Another risk factor is that many laypeople do not train in the use of their aids. For example, if parents buy their child a irritant gas to increase safety when going out in the evening, they should be able to answer the following questions: 5 What kind of spray should it be? CS, CN or pepper? 5 Is the agent for minors legal? 5 What is the scope of a pepper spray? 5 Is it a beam, mist or gel? 5 If the device has been in possession for a long time, the question arises as to whether the expiration date is still valid? 5 Is there also a training on the device? (Maybe a second device is necessary) A training application is problematic if, for example, a protected person is given a pocket knife. It is assumed that there is a tremendous deployment inhibition. The mere threat rarely leads to success if the perpetrator is ready for anything. The same applies to the “heavy key ring” or other force-enhancing objects. In addition to this overcoming, intensive and consistent training is necessary for a safe application, which is usually not carried out permanently. Depending on the environmental configuration and size of the agent, the use of aids is only possible to a limited extent. For example, pepper spray is limited in its effect in the event of a headwind. Aids should be ready to use at any time and anywhere in milliseconds. This requires constant carrying in operational condition. The focus of attention is therefore permanently on the supposed device aid. In decisive moments, the focus may not be on the perpetrator. This distraction can prevent tangible alternative options such as timely escape or resistance from being considered. Adults are able to purchase certain items if they are in possession of a small firearms license or a firearms possession card. For example, these may not be carried regularly at public events. However, if personal safety is at risk, the question must be allowed as to whether one would like to make this dependent on a tool that is not always available and therefore not always ready for use. Nobody can predict when an act is forthcoming. 12.7.1  Electroshock Devices

The high voltage generated (up to 500,000 volts; maximum availability for the German market) with low current causes a temporary paralysis of the muscles and an extremely strong irritation of the pain receptors upon body contact. The devices are also effective through clothing. They do not strike sparks back at the user and are safe for offenders with pacemakers. The desired paralyzing effect can be seen after approximately four seconds of exposure (depending on the voltage level) on the body of the attacker. It must be critically questioned whether a child or adolescent is able to hold an attacker for this period of time and maintain contact with the device. What remains important: Only the use of training allows for a safe application.

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12.7.2  Tear Gas in Cans or in Pistols

By gassing and spreading in all directions, self-endangerment can occur in small rooms such as hallways, cars, small rooms, toilets, stairwells or elevators. Gas is often flammable and fire-hazardous. Approximately 30% of people are relatively insensitive to the active ingredient. Animals only show a limited or no reaction. It begins to work on the perpetrator only after 5 to 15 s, during which he is still absolutely capable of action. Afterwards, there is still a limited ability to act. The attacker can force himself to stop his eyes and act. With aggressors under the influence of drugs and alcohol, no or only a limited reaction occurs. The amount in the cans is not enough for a longer spraying time. But precisely the long spraying is probably under stress. The accuracy is limited. In addition, the perpetrator can only be effectively combated from a relative short distance of up to two meters. The deterrent effect of gas pistols is carelessly overestimated. Threatening with the same does not lead to less risk of escalation. Also the awareness that deadly shot injuries are possible from a very short distance does not make the use in an emergency more likely. In addition, possession of the gas gun is only allowed from the age of 18 and the use of the devices must be trained regularly. 12.7.3  Pepper Spray

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A contact with the face causes an compulsive eyelid closure; the attacker has to close his eyes immediately. This also applies to offenders under the influence of drugs and alcohol. In contrast to tear gas, pepper spray works to a much higher percentage. The active ingredient is extracted from chili peppers. The human body perceives it as hot and sharp. Sprayed into the eyes and mucous membranes, it causes disorientation lasting up to 45 min. Animals also respond to pepper spray. The application range is three to six meters with a ballistic beam that remains stable in light wind and is not blown back to the attacker even in strong wind. The spray is only approved for animal defense. An application against humans is permissible in emergency situations. 12.7.4  Recommended Aids

The decisive factor for a recommendation is the lack of opportunity for the perpetrator to use the aid against the user. With noise devices, the perpetrator is surprised. He has to turn to the noise or flee. The victim is prepared because he is familiar with the mode of operation. Uninvolved third parties can become aware and provide assistance. Therefore, the following are recommended: 5 noise devices, which work electrically or with compressed air 5 whistles

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Assistance is not guaranteed and the perpetrator’s behavior is never predictable, but after the alarm is triggered, the perpetrator is under time pressure and breaks off his plan (with increased probability). With all devices, a regular check of the functionality is required. The voice, the hands or feet are always available, easy to use and can not be forgotten at home. The perpetrator can not take them away. A confident behavior with strong body language additionally documents the environment: “Not with me. I’m not an easy victim!” It is important that this attitude is visible to everyone. So even a potential helper can be helped to recognize the situation and intervene.

References Andresen, S., Wilmes, J., & Möller, R. (2019). Children’s Worlds+. Eine Studie zu Bedarfen von Kindern und Jugendlichen in Deutschland (S. 94). Bertelsmann Stiftung. Besold, A., Dendl, P., & Schörner, J. (2005). Nicht mit mir. Starke Kinder schützen sich (S. 94). Verlag Music-Bits-Rainer Ihra. Böhnisch-Kielkopf, S., & Winter, D. (2014). Wilde Pause, Spielend Grenzen lernen. 7 https://www.esslingen.de/site/Esslingen-Internet-2016/get/params_E-1924836438/6179827/Presseheft%20Wilde%20 Pause%202014.pdf. Accessed: 19. Jul. 2022. Brascha, H. S. (2004). Freeze, flight, fight, fright, faint: Adaptationist perspectives on the acute stress response spectrum. CNS Spectrums, 9(9), 679–685. Bundesministerium für Justiz und für Verbraucherschutz. (2019a). 7 http://www.gesetze-im-internet.de/ waffg_2002/index.html. Accessed: 19. Jul. 2022. Bundesministerium für Justiz und für Verbraucherschutz. (2019b). 7 http://www.gesetze-im-internet.de/ waffg_2002/__42.html. Accessed: 19. Jul. 2022. Cannon, W. (1975). Wut, Hunger, Angst und Schmerz: Eine Physiologie der Emotionen. Thure von Uexküll. Urban und Schwarzenberg. Duden. (2018). 7 https://www.duden.de/rechtschreibung/Selbstverteidigung. Accessed: 19. Jul. 2022. Ebert, M. (2005). Selbstbehauptungstraining. Journal Gesundheit, 3, 93–95. Fritzsche, J. (2010). Schnelligkeitstraining für Kampfsportler. Eigenverlag. Fritzsche, J. (2013). Koordinationstraining für Kampfsportler 1. Eigenverlag. Fritzsche, J. (2014). Koordinationstraining für Kampfsportler 2. Eigenverlag. Fritzsche, J., & Raschka, C. (2018). Manager Boxen. Gesundes Kampfsporttraining in der Praxis (S. 59– 63). Springer. Graff, S. (1995). Mit mir nicht. Selbstbehauptung und Selbstverteidigung im Alltag (S. 70–81). Orlanda. Gray, J. A. (1988). The Psychology of Fear and Stress (2. Aufl.). Cambridge University Press. Green, N., & Green, K. (2005). Kooperatives Lernen im Klassenraum und im Kollegium: Das Trainingsbuch. Kallmeyer. Häckel, A. (2004). Selbstverteidigung die funktioniert (S. 62–65). Pietsch. Heil, V., Staller, M., & Körner, S. (2017). Motive in der Selbstverteidigung – Eine qualitative und quantitative Studie am Beispiel Krav Maga und Wing Chun. In S. Körner & L. Istas (Hrsg.), Martial Arts & Society – Zur gesellschaftlichen Bedeutung von Kampfkunst, Kampfsport und Selbstverteidigung (S. 146–159). Czwalina HKM (Hessisches Kultusministerium). (2018a). Bildungsstandards und Inhaltsfelder. Das neue Kerncurriculum für Hessen. Primarstufe. https://kultusministerium.hessen.de/sites/kultusministerium. hessen.de/files/2021-06/kerncurriculum_primarstufe_sport.pdf. Accessed: 19. Jul. 2022. HKM (Hessisches Kultusministerium). (2018b). Kerncurriculum Oberstufe (S. 22). 7 https://kultusministerium.hessen.de/sites/default/files/media/kcgo_spo_aenderung_03-2018_final.pdf. Accessed: 19. Jul. 2022. Höller, J., & Maluschka, A. (2010). Vollkontakt Karate. Meyer & Meyer.

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Jager, J., Klatt, T., & Bliesener, T. (2013). NRW-Studie: Gewalt gegen Polizeibeamtinnen und Polizeibeamte. Institut für Psychologie, Christian-Albrechts-Universität. Kernspecht, K. (2007). Der Letzte wird der Erste sein. Das Geheimnis effektiver Selbstverteidigung (S. 171–174). Wu Shu-Verlag Kernspecht. Kilb, R. (2012). Konfliktmanagement und Gewaltprävention: Grundlagen, Handlungsfelder und Konzeptionen (S. 267). VS Verlag. Körner, S., & Staller, M. S. (2018). System oder Pädagogik? Auf dem Weg zu einer nichtlinearen Pädagogik der Selbstverteidigung im polizeilichen und zivilen Kontext. Polizei und Wissenschaft, 1, 13– 25. Lange, H., & Sinning, S. (2012). Kämpfen, Ringen und Raufen im Sportunterricht (3. Aufl.). Limpert. Laser, M., Beise, R., & Michelson, G. (2011). Optimierung im Fechtsport durch Training des autonomen und visuellen Nervensystems. Leistungssport, 41(6), 56–62. Lesinski, M., Mühlbauer, T., Prieske, O., Büsch, D., Gollhofer, A., Puta, C., Behm, D. G., & Granacher, U. (2016). Krafttraining im Nachwuchsleistungssport. Leistungssport, 46(6), 11–14. Malkov, O., & Romashov, A. (2018). Key differences in combat tactics, action triggers and self-commands in taekwondo and boxing. Theory and practice of physical culture. Published online 28.07.2018. 7 http://www.teoriya.ru/en/node/8619. Accessed: 15. Jul. 2022. Pauls, S. (2005). Booklet zur Information Interessierter außerhalb der Polizei. Standards polizeilicher Selbstbehauptungs-/ Selbstverteidigungstrainings. Landeskriminalamt Niedersachsen. Rees, G. & Main, G. (2015). Children’s views on their lives and well-being in 15 countries. An initial report on the Children’s Worlds survey, 2013–14. York, Children’s Worlds Project. Rosenberg, M. (2016). Gewaltfreie Kommunikation (12. Aufl.). Junfermann. Scheithauer, H., Rosenbach, C., & Niebank, K. (2008). Gelingensbedingungen für die Prävention interpersonaler Gewalt im Kindes- und Jugendalter (S. 7). Expertise im Auftrag der Stiftung Deutsches Forum für Kriminalprävention. Bundesministerium des Innern. Staller, M. S., Bertram, O., Althaus, P., Heil, V., & Klemmer, I. (2016). Selbstverteidigung in Deutschland – Eine empirische Studie zu trainingsdidaktischen Aspekten von 103 Selbstverteidigungssystemen. In M. J. Meyer (Hrsg.), Martial Arts Studies in Germany – Defining and Crossing Disciplinary Boundaries (S. 51–56). Czwalina. Staller, M. S., Bertram, O., & Körner, S. (2017). Which weapon system to use in police use of force training? – A categorization matrix based on the value to skill transfer. Salus Journal — A Journal of Law Enforcement, National Security, and Emergency Management 5(1), 1–15. Quinn, K. (1994). Hände weg! Selbstverteidigung für Frauen. Zweitausendeins. Yerkes, R. M., & Dodson, J. D. (1908). The relation of strength of stimulus to rapidity of habit-formation. Journal of Comparative Neurology and Psychology, 18(5), 459–482. ZGF Bremische Zentralstelle für die Verwirklichung der Gleichberechtigung der Frau (ZGF) und Polizei Bremen. (2016). Selbstverteidigung braucht Selbstbehauptung, Standards für Selbstbehauptungskurse. 7 https://www.zgf.bremen.de/sixcms/media.php/13/Selbstbehauptung%2Bweb.pdf. Accessed: 19. Jul. 2022.

Dr. Jürgen Fritzsche

(Dr. phil nat, MA sport sciences) Technical Director of the Karate Federation Luxembourg, former head instructor at the German Karate Federation until the end of 2018. Among other things, he was head of department for violence protection and self-defence. As an internationally active lecturer (Experts for Training), the book author not only teaches trainers, physiotherapists and medical professionals, but also passes on his knowledge to institutes and companies.

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Helping others Giving Help and Receiving Help Rudi Heimann Contents 13.1  Introduction – 226 13.2  Five Steps to Assistance – 227 13.2.1  Perception of the Situation – 228 13.2.2  Interpreting the Situation – 228 13.2.3  Recognition of Responsibility – 229 13.2.4  Decision to Help – 229 13.2.5  Actually Acting – 230

13.3  Why Should a Child Help? – 232 13.4  The Participants – 234 13.4.1  The Perpetrator – 234 13.4.2  The Victim – 234 13.4.3  The Bystander – 235 13.4.4  The Helper – 236

13.5  Help in the Virtual Space – 236 References – 237

© The Author(s), under exclusive license to Springer Fachmedien Wiesbaden GmbH, part of Springer Nature 2022 R. Heimann and J. Fritzsche (eds.), Violence Prevention in Education, School, and Club, https://doi.org/10.1007/978-3-658-38551-4_13

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When a person is in need, many other people consider it a matter of course to render assistance. At the same time, we repeatedly notice that help is not rendered, even though the situation is observed by numerous other people or helpers become victims themselves. The inner connections between the participants lead to an increase or precisely to a reduction in the probability that people will stand by other people in the face of a crisis situation. When children are involved, additional challenges arise that also have developmental connections. It is important to not only recognize children as potential helpers, but also to impart to them the necessary skills as responsible individuals so that they can act confidently and not expose themselves to danger as helpers.

13.1  Introduction

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When this chapter talks about assistance, it means mutual assistance among people. The help for self-help as well as the support of another person in case of an emergency. If the helping person is still a child or a teenager, this generally deteriorates the situation. Nevertheless, it is possible to support another child who has got into trouble in an appropriate way. Children usually have a less burdened, natural attitude towards helping in contrast to adults. A key element of the willingness to help is a general prosocial attitude, which, according to scientific opinion, should already be anchored in us genetically (Hamilton, 1964). In the context of a kind of emotional contagion, newborns cry along when they hear other babies crying. This also applies to laughter or screaming and is initially a natural human reaction of children; they are elements in learning social behavior and the ability to empathize (7 Chap. 6). In connection with assistance, empathy plays a key role: It contributes to prosocial behavior. Empathy can make up for a lack of moral motivation. Assistance was found to be dependent on empathy in children with low moral motivation; if the children had a high moral motivation, the empathy was less important (Malti et al., 2009). This sad event (7 The Catherine Genovese Case, Gado, 2018) laid the foundation for the research that dealt with the spectator—also called bystander effect (Darley & Latane, 1968). The effect that people do not help despite their presence in an emergency is part of a multidimensional motivation model that may make people refrain from helping. The Catherine Genovese Case (Gado, 2018)

On the morning of March 13, 1964, 28-year-old C. Genovese arrived at her apartment. She parked at about 03:15 a.m. about 30 m from her apartment door. The perpetrator ran after the young woman and stabbed her in the back with a knife twice. She cried out loudly: “Oh my God, he stabbed me! Help!” In the

10-story apartment building, lights went on. Someone opened the window and shouted: “Leave the girl alone!” The perpetrator ran to his car and drove away. Some residents said later that they had assumed it was the usual tavern noise; another man who had seen the attack said he had called the police.

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The woman dragged herself to her apartment around 3:30 a.m. around the corner of the building. She was seriously injured, but now out of sight of those who might have reason to believe she needed help. The perpetrator waited in his car in some distance to see if the police would come. When this was not the case, he returned, disguised himself with a hat and systematically searched the apartment complex until he found his victim again. The defensive cuts on the hands indicated that the young woman had fought for her life. The perpetrator attacked her with the knife, raped her and finally stole $49.

At 3:50 a.m.—after the second attack—a witness called the police. The previous calls were unclear, so they were not given high priority by the police. After the call at 03:50, the police and medical personnel arrived at the scene. The victim died on the way to the hospital. Later investigations showed that at least 38 people in the vicinity had seen or observed parts of the attack, although no one could see the whole process or was aware of it as such. Many could not classify the attack and others thought it was a relationship dispute.

13.2  Five Steps to Assistance

In the research of Latane and Darley (1970), a five-step process is described that determines whether a spectator in a situation where help would be objectively indicated, helps or does not help (7 Memorial for Three Children). First, the researchers speak of the fundamentally latent responsibility diffusion—a phenomenon that occurs more strongly the more spectators are present. Behind this is the subjective thought of the individual that someone else will already help, so that he himself does not have to intervene anymore. This phenomenon is at least reduced (Latane & Nida, 1981), if the: 5 emergency is clearly recognizable, 5 request for help is expressed, 5 competence of other helpers is rated as far lower or 5 the victim is a child under nine years of age. Memorial for Three Children

At the western Olympic Lake in Munich there is a memorial for three children. On December 8, 1989, Roman Noyen, Martin and Gerhart Lovasi break through the ice of the western Olympic Lake and die. The lake is between 80 and 140 cm deep. The group of adult spectators is said to have included 20 people; they watched the children for half an hour. In 2017, a modern almost-repetition takes place with the particularities of this time. A couple films a three-person family

while they are crossing the frozen Olympic Lake. The film posted online makes the couple’s thoughts clear through its sound: The hope that the people will break in, the disappointment when it doesn’t happen at first, the excitement when then both parents break through the ice one after the other, and the curiosity that leads to approaching the event location to better observe the event—not to help. All this while the completely scared child is running around.

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Perception Interpretation Responsibility Decision Actual action . Fig. 13.1  Five stages of helping

In cases where massive violence is threatened, opposite effects have also been observed (Harari et al., 1985). The more people were present, the more likely an intervention—this is called the positive bystander effect (Fischer & Greitemeyer, 2013). The five stages form a model (. Fig. 13.1), which in the end decides whether a potential helper takes action for the victim or not. And at each stage there are options to influence the thought process of the helper—in favor or against an act of help. > The decision-making process of whether another person will help in a time of need can be positively influenced by the victim.

13.2.1  Perception of the Situation

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The event itself must first be perceived by the witnesses’ senses. This should be responsible for visual or auditory impressions in most situations. If a crowd forms, calls or screams can be heard, or a threatening situation is clearly visible, people can become attentive. The threshold of attention can be so lowered by hurriedly passing by for time reasons or by being immersed in all kinds of media that the situation cannot be perceived out of one’s own motivation. 13.2.2  Interpreting the Situation

If the emergency is perceived, it must be recognized as such in the next step. If at this moment an inner attitude prompts us to avoid inconveniences, this may unconsciously influence our assessment of the situation. Heuristics that otherwise help us orient ourselves more quickly in life can be counterproductive for providing assistance: If we see a child and an adult standing at the edge of the school yard and talking to each other at the beginning or end of school, this may be a parent who wants to pick up the child or a teacher who still has something to talk to the child about. Our eyes will scan the scene and, in the context of place and time, we

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will assume a normal situation. If a situation is presumably under control, there is a tendency to deny an emergency. So two groups of adults were played identical “fight noises” from children in a side room. The first group was told that the children were supervised. In this case, 88% of the listeners assumed a real fight; the supposed supervision would thus create no responsibility for themselves. However, if the listeners assumed that they were responsible for a lack of supervision, this assumption was reduced to 25%—otherwise this would have entailed taking responsibility. If the situation is not recognizable as an emergency as clearly as possible, potential helpers behave passively and this behavior can be interpreted by other people as an indication that it would not be necessary to intervene. A phenomenon that is known as pluralistic ignorance (Allport, 1924). 13.2.3  Recognition of Responsibility

In order for assistance to be given, it is still necessary for personal responsibility to be recognized. This is usually very easy if the person is alone. This circumstance also makes it more difficult for a child who is alone to ask for help to reject this help in front of an adult. If there are other people nearby, there is a tendency to shift this responsibility to them. However, this is much easier for adults than for children. The aforementioned example with school also contains the opportunity for a potential helper to exit the process in another way: the supervisory responsibility of teachers. Thoughts like: “They will have the situation under control”, “There are supervisors present” or more specifically “The supervisor would notice if something was not in order” are the forerunners of a culture of looking the other way. Responsibility is more likely to be taken on if the victim explicitly asks for help (Gottlieb & Carver, 1980). 13.2.4  Decision to Help

If responsibility for the situation is assumed, the next stumbling blocks are already in place. People who have decided to provide assistance may not act after all because they do not know what to do or because they do not feel personally able to take an action appropriate to the situation (Midlarsky, 2006). This can: 5 fail due to the actual impossibility (observation of an unfolding accident and everything is too far away for the observer to be able to prevent anything directly), 5 fail due to the individual’s ability (swimming pool visitor notices a child who is about to drown in the deep diving pool and a direct personal rescue by diving in after the child is not an option because the observer cannot swim), or 5 fail due to existing knowledge (The victim’s mobile phone is not used to make a call for help because the helper believes that the screen lock would prevent this.). At this point it becomes clear that there is no clear distinction between the stages in the assistance model and that a systemic approach is more appropriate. The swimming

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pool visitor recognizes his own responsibility and at the same time shifts responsibility to the lifeguard who has become active and suddenly appears in the observer’s field of vision; the responsible helper becomes a spectator in a fraction of a second. Inner doubts can lead to an evaluation fear that, for the helper, means exit from the assistance process (Hartung, 2006). 13.2.5  Actually Acting

Even after the decision to provide assistance has been made, there is no guarantee that the helper will actually be active. Various types of weighing processes take place that make help more or less likely. Kienbaum (2011) emphasizes the alleged self-responsibility for the emergency. Furthermore, the subjectively perceived attractiveness should play a role (Jonas & Brandstätter, 2004). Evaluation processes, such as the fact that the victim bears co-responsibility, have an influence: If two drunk men are beating each other up at the edge of a football game and one of them is massively inferior, the tendency to intervene directly is still low; rather, security personnel are alerted to the situation. In the background, the helping person weighs up in the context of a cost-benefit model whether to take the initiative (Schroeder et al., 1995). The possible damage to the victim as well as to the helper and also the benefit for the helper are considered. If a child is running towards a busy street, the probability that people will intervene immediately is very high. A quick grab for the child can prevent serious consequences; the social recognition of the bystanders is almost guaranteed. That people help people who are more similar to them (gender, ethnic or cultural backgrounds) has also been found (Olesker & Balter, 1972). > The social situation has a significant influence on the helping behavior of people.

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A number of personal or situation-dependent characteristics appear to be important, even according to further research findings (Schwartz & Bilsky, 1987; Bierhoff et al., 1991), which are summarized in the table Characteristics for increasing or decreasing the probability of providing assistance (. Table 13.1). > It is never to be assumed that other people will intervene in an emergency intervene or intervene shortly. Therefore, always act as if these were the only present person. This does not exclude the involvement of other people in the aid process.

What practical effects these thought processes can have is shown by a study from the Netherlands (Hoefnagels & Zwikker, 2001) in which approximately 700 cases of child abuse were examined. In just over a third, there were purely physical abuse, 15% emotional abuse and just under 10% neglect. In over 20% a combination of the three events. In almost 15% sexual violence was reported. At least in this evaluation, around three quarters of the reporters were of female gender. This corresponds to similar studies (Dukes & Kean, 1989) and is explained by the usually more frequent contact with children and the fact that women tend to assess a situation as an abuse situation earlier. 40% of the informants were younger than 20 years and in every seventh case the information came from a child of the same age. In 97% of the cases, the person

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. Table 13.1  Characteristics for increasing or decreasing the probability of providing assistance Increase in probability of help

Decrease in probability of help

Victim is…

Victim is…

Subjectively attractive

Subjectively unattractive

Sober

Intoxicated

Related or known

Unknown

Active

Passive

Visible to helper

Invisible to helper

Unjustifiably in need

At least partially responsible for the need

Providing help potentially means…

Providing help potentially means…

No time loss

Time loss

Punishment by legal regulations

No legal consequences

No or little own risk of injury

Own risk of injury

No risk of embarrassment

Possibility of embarrassment

The helping person is…

The helping person is…

Intolerant of violence

Tolerant of violence

Self-confident

Unsure in their actions

Altruistically inclined

Egotistically inclined

Emotionally resilient

Emotionally less resilient

making the report was related, known or from the neighborhood in different variations. And in 95% of the cases, the perpetrator was known to the person making the report. Remarks of the victim about his situation were available in almost 25% of the cases. The more signals were available, the more certain the helper was in his interpretation of an existing emergency. The fact that almost four out of ten of the informants in this survey were children or adolescents themselves is already extraordinary because the telephone hotline was aimed exclusively at adults in its form and manner of publication. It is also due to the fact that victims revealed themselves more often to peers or age-similar persons. Age-based loyalty to society or even the persons committing the act is less pronounced in children and adolescents. Confronted with an emergency, they act more impulsively, worry less about the possible consequences of their decision and are directly focused on a solution to the emergency. Perhaps this explains why a 17-year-old student jumped onto the railway tracks in Frankfurt am Main in November 2018 to pull a drunk man off the tracks without worrying about his own safety. The student is killed in the process. The thoughts on the cost-benefit consideration can be summarized by the usual internal questions that a potential helper has in mind (. Table 13.2).

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. Table 13.2  Thoughts on costs and benefits in emergency situations Determining attitude or feeling

Question or activity

Fear of danger

“I could get hurt.”

Feeling of inferiority

“I can’t do anything.”

Ignorance

“What should I do?”

Misjudgment

“It’s not that bad.”

Indifference

“What does it matter to me?”

Blaming the victim

“The victim is to blame.”

Delegation

“That’s someone else’s responsibility.”

Fascination with violence

Inactive spectatorship

13.3  Why Should a Child Help?

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In the introduction to this chapter and in the thoughts of most people, assistance is associated with emergencies. A person falls into a river and cannot save themselves, an accident victim is trapped in their car or a violent person acts on their victim. However, especially in connection with children, one must think further. Of course, here too, the events are in the foreground, in which the emergency is caused by the improper actions of another person—whether other child, other teenager or even adult. But it should also be considered that children are addressed because they are actually supposed to give assistance to another person. A classic case would be the question of the way. Now, at this point, it is of little help to think that a child should not be addressed by adults if this process still takes place in reality. And it is precisely this reality that makes it necessary that it should be possible to address a child without it running away screaming, because it has internalized this reaction from the educational authorities. Of course, it would be easier if adults did not address children, so that an address could be automatically associated with a bad intention—but this would be alien to life. In addition: At what age should a child be allowed to ask a child for directions? Dust (1971) found that the willingness to help of children is strongly pronounced from kindergarten age to about the second grade of primary school towards other children. From this point on, this willingness decreases significantly. The main responsible for this can be possible disapprovals by other participants such as peers or adults. However, this also means that children remain unchanged even after this time—and under certain circumstances even more influenced by authorities. Based on the presented results (Hoefnagels & Zwikker, 2001), it seems that witnesses of child abuse are to a high extent people from the same age spectrum. This statement is supported for the field of violence against children—with parents and other children as perpetrators—by further studies (Wolfe et al., 1986; Olweus, 1992). In these research studies, the effects on the psyche of the children are primarily considered. However, this does not solve the reality dilemma in which these witnesses find themselves—and does not have to be the opportunity for the victims, which lies in making these witnesses speakable?

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> Children, adolescents and young adults are often the ones who register all forms of violence against peers and are therefore important—and perhaps the only—helpers.

It should be in the interest of society that these witnesses are ready and able to pay attention to a violent situation in an appropriate manner. There are indications (Christy & Voigt, 1994) that the probability of support can be increased if the witness assumes his own responsibility and above all knows how to help. For this purpose, it is necessary that children receive age-appropriate information (7 Enligthening Children about Dangers) about the fact that they can become witnesses of such abuse and how to deal with it. They should learn what it means to listen, believe the victim and help in an appropriate way. Enlightening Children about Dangers

Since the eight-year-old has been going to kindergarten and participating in road traffic as a pedestrian and cyclist, it has been receiving constant hints about the dangers that lurk in road traffic if it does not behave properly. Use of pedestrian crossings, wearing of helmets, control of vehicle traffic as behavioral hints. Death, injury and illness in the description of the possible consequences. The parents also read out

a­ ccidents from the newspaper and have no objection if the drastic consequences of traffic accidents are made aware to the child several times. There is no specific exchange on concrete dangers or behavior in connection with bullying (glossary) or sexualized violence; only general advice such as: “Don’t go with strangers.” or control mechanisms such as GPS monitoring via smartphone are practiced.

Even if the abuse should not stop by the information to peers, the contact person from the same age group is a valuable support in the social-emotional area for the victim (Testa et al., 1992). Regardless of age, this increases the likelihood that the abuse will stop. Regardless of which role a child or adolescent plays in a helper scenario—spectator, helper or victim: With age-appropriate information about the psychological mechanisms described in advance, inhibiting factors in particular lose their effect— simply because they are known. The promotion of empathy is helpful in recognizing emergency situations and thus represents one of the prerequisites for rendering assistance. This empathy, in turn, depends on developmental stages (7 Chap. 6). As long as a person cannot distinguish between himself and others and only develops limited understanding for the feelings of others, it cannot be assumed that he will be able to render effective assistance.

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13.4  The Participants

In a emergency situation that is connected to a conflict situation, several people can be involved who take on different roles. At least one perpetrator and one victim are present. In a further step, helpers who are initially only spectators can join. The role of spectators can be of particular importance in situations involving many people—and not be associated with the negative aspect of “gawking”. In general, it can be said that the experience of an emergency for the helper and of course for the victim leads to a burden that they are not prepared for. A high excitement level and an impulsive intervention lead to a restricted competence to act. 13.4.1  The Perpetrator

A perpetrator usually acts out of power motives (7 Chap. 5). Also for him the situation is connected with excitement or stress. In the rarest cases a perpetrator should “go to work” for the crime. He may have the general intention to act against the interests of others, but various conditions are necessary for this. The availability of a victim, no spectators, a willing victim and other circumstances that favor his actions. He has a more or less thought-out plan and often no concrete concept at all. That is why it is so easy to disrupt his course of action. His “training” is also limited to the real perpetrator-victim situations that he has experienced so far. 13.4.2  The Victim

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Any person can become aVictim of an attack. There may be different probabilities, which also lie in the person of the victim—but if the circumstances are right, it can happen to anyone. There is also the possibility that, in the course of providing assistance, one will be chosen as a victim from the role of the helper or onlooker. If the situation arises that a person has to ask for help, there are various points to be considered in the procedure that make it more likely to receive support from a third party. In principle, it is important to exhaust every possibility to make an uninvolved person an onlooker and from an onlooker to a helper. 1. First of all, it must be made clear that the person concerned is in an emergency situation. This is done through verbal and non-verbal behaviour. The chosen distance to the other person, body language, gestures and facial expressions must make it clear (7 Chap. 11), that an undesired event is taking place here. As long as communication is only possible with the perpetrator, certain language patterns are chosen (7 Chap. 11), which do not give rise to the suspicion that this is a dispute between people who know each other. 2. If a potential helper is recognized, the initially uninvolved persons are to be addressed as specifically as possible, insofar as this is feasible. In order to address the desired person, she must be lifted out of her anonymity; she must know that she is actually meant. If the persons are unknown, the challenge is that an address with a name will not usually be possible. This leaves an address by gender, external features such as carried objects, spatial position and clothing, such

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as: “You there [loudly], the man with the blue jacket and the black umbrella at the entrance!” or parts of this sentence. It should be noted that the longer this sentence becomes, the more difficult it will be to understand and say, and every victim should be prepared for necessary repetitions. If the victim knows people around him who are suitable as helpers, they should be addressed by name. This is intended to achieve that the person can less easily evade his responsibility. 3. After the person has been identified as far as possible without doubt and also feels addressed, it must be made clear that there is an emergency situation for the victim and what distinguishes it. The helper should be able to identify and empathize with the victim as far as possible, in what situation he is. Depending on the situation, this is difficult for the victim. This means the possibly loud and thus conspicuous articulation of a stressful situation. With this announcement, feelings of shame, inadequacy and embarrassment are not uncommon. The statement should describe the experienced behavior as precisely as possible, such as: “Mrs. [name of the known teacher], T. and E. [offender] told me that they will hit me tomorrow if I don’t bring them five euros.” 4. If it is also possible to appeal to the helping person’s social norms or to show the way of assistance, the probability of support increases even further. This has a special meaning when the affected person is dependent on strangers. A child comes running into a bakery and calls out to the sales staff: “Help me. I’m afraid. Two bigger boys are going to hit me. They’ve already taken my schoolbag away from me. Please call my parents.” > The more clearly the potentially helping person is made aware of the emergency situation, the more likely it is that help will be forthcoming.

13.4.3  The Bystander

It is basically understandable if a person does not participate in a conflict for different reasons. However, it is important to show presence for the victim in emergency situations. To demonstrate to him that he is not alone. This begins with a conscious look, staying and stopping of other people, so that a front can be built up. The involvement of other people serves to bundle existing competencies, to share tasks and thus to reduce the risk of becoming a victim oneself. However, this front should not act as a gaping crowd, actionless and thus supporting the perpetrator group. Mobile phone recordings are to be prevented, immediate helpers are to be supported linguistically and also the repeated placing of emergency calls is generally harmless. On the contrary—it supports the urgency at the police or the rescue services. It is important to have a closed and consistent appearance. Even for onlookers it applies that they do not address perpetrators in principle and do not react to an address by perpetrators. Therefore, communication addressed to the victim such as: “Come to us!” or “Come away from here!” is more favorable than an address to perpetrators such as: “Leave the man alone!” Threats to the perpetrator, even in the form of an indefinite call such as “We have called the police!” should only be expressed if it is necessary to prevent worse developments and—above all—the emergency call to the police was actually made.

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This description makes it clear that the boundaries to directly helping persons are fluid; the onlooker is expressly seen here in the role of the supporter. 13.4.4  The Helper

When a person observes a situation of need and the observation and subsequent evaluation processes lead to the conclusion that the person wants to intervene, the same principles of action always apply. First and foremost, it is still important to keep the risk to one’s own person as low as possible (7 Chap. 11). The approach therefore still follows the principle of maintaining as little contact as possible with the perpetrator. Even if the perpetrator primarily turns to the new, unknown—and therefore difficult to assess—potential danger, there is also a basic inhibition for him to make contact with the additional person. Therefore, it would be supportive and helpful for the perpetrator in terms of—in essence not desired— contact initiation if a helper addressed him directly and “broke the ice”. Contact initiation by verbal and nonverbal means is therefore to be avoided as far as possible. Addresses by the perpetrator are—if possible—not to be answered. 13.5  Help in the Virtual Space

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Offenses that take place in the virtual space of the Internet differ from those in the physical context. Lack of presence, indirect communication and conditional visibility and identifiability influence the process. The ranges and duration of an injury can be much higher. The last two elements often act to humiliate the victim, but at the same time increase the likelihood that third parties will perceive the situation as an intervention-worthy emergency situation (Lapidot-Lefler & Barak, 2012). Factors that may be conducive to providing assistance include personal relationships with the victim or own experiences with such offenses. Some conditions tend to inhibit support: the assumption of the presence of many observers and the non-identifiability of the helper, elements that reduce the individual’s sense of responsibility (Polder-Verkiel, 2012); the damage is not sufficiently certain to be estimated and it is not certain whether support is required. How could support be provided now? 5 A direct and public intervention could be made via a comment function. The victim is defended in it or the perpetrator is asked to stop his behavior (Dillon & Bushman, 2015). 5 Alternatively, private messages can be sent to perpetrators or victims. 5 Reporting the incident to the operator of the platform or website is the most attractive way for children and adolescents to react (Li, 2010). 5 Alternatively, reports can be made in the real world to teachers or other trusted persons. The possible forms of reaction to this type of incident are partly unknown to children and adolescents (Agatston et al., 2007); this makes intervention more difficult. Non-public reactions are preferred.

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References Agatston, P. W., Kowalski, R., & Limber, S. (2007). Students’ perspectives on cyber bullying. Journal of Adolescent Health, 41(6), 59–60. Allport, F. H. (1924). Social psychology. Houghton Mifflin. Bierhoff, H. W., Klein, R., & Kramp, P. (1991). Evidence for the altruistic personality from data on accident research. Journal of Personality, 59(2), 263–280. Christy, C. A., & Voigt, H. (1994). Bystander responses to public episodes of child abuse. Journal of Applied Social Psychology, 24(9), 824–847. Darley, J. M., & Latane, B. (1968). Bystander intervention in emergencies: Diffusion of responsibility. Journal of Personality and Social Psychology, 8(4), 377–383. Dillon, K. P., & Bushman, B. J. (2015). Unresponsive or un-noticed? Cyberbystander intervention in an experimental cyberbullying context. Computers in Human Behavior, 45, 144–150. Dukes, R. L., & Kean, R. B. (1989). An experimental study of gender and situation in the perception and reportage of child abuse. Child Abuse and Neglect, 13(3), 351–360. Fischer, P., & Greitemeyer, T. (2013). The positive bystander effect: Passive bystanders increase helping in situations with high expected negative consequences for the helper. The Journal of social psychology, 153(1), 1–5. Gado, M. (2018). The kitty Genovese murder. 7 https://web.archive.org/web/20150210032006/7 http:// www.crimelibrary.com/serial_killers/predators/kitty_genovese/3.html. Accessed: 4. Jun. 2019. Gottlieb, J., & Carver, C. S. (1980). Anticipation of future interaction and the bystander effect. Journal of Experimental Social Psychology, 16(3), 253–260. Hamilton, W. D. (1964). The genetical evolution of social behaviour. I and II. Journal of Theoretical Biology, 7(1), 1–52. Harari, H., Harari, O., & White, R. V. (1985). The reaction to rape by American male bystanders. The Journal of Social Psychology, 125(5), 653–658. Hartung, J. (2006). Sozialpsychologie (S. 175). Kohlhammer. Hoefnagels, C. J., & Zwikker, M. C. (2001). The bystander dilemma and child abuse: Extending the Latane & Darley model to domestic violence. Journal of Applied Social Psychology, 31(6), 1158–1183. Jonas, K. J., & Brandstätter, V. (2004). Brennpunkt Zivilcourage. Definition, Befunde und Maßnahmen. Zeitschrift für Sozialpsychologie, 35(4), 185–200. Kienbaum, J. (2011). Soziale Motive: Prosoziale Motivation. In D. Frey & H.-W. Bierhoff (Hrsg.), Sozialpsychologie – Interaktion und Gruppe (S. 61–79). Hogrefe. Lapidot-Lefler, N., & Barak, A. (2012). Effects of anonymity, invisibility, and lack of eyecontact on toxic online disinhibition. Computers in Human Behavior, 28(2), 434–443. Latane, B., & Darley, J. M. (1970). The unresponsive bystander: Why doesen’t he help? Appleton-Century-Crofts. Latané, B., & Nida, S. (1981). Ten years of research on group size and helping. Psychological Bulletin, 89(2), 308–324. Li, Q. (2010). Cyberbullying in high schools: A study of students’ behaviors and beliefs about this new phenomenon. Journal of Aggression, Maltreatment & Trauma, 19(4), 372–392. Malti, T., Gummerum, M., Keller, M., & Buchmann, M. (2009). Children’s moral motivation, sympathy, and prosocial behavior. Child Development, 80(2), 442–460. Midlarsky, E. (2006). Aiding under stress: The effects of competence, dependency, visibility, and fatalism. Journal of Personality, 39(1), 132–149. Olesker, W., & Batter, L. (1972). Sex and empathy. Journal of Counseling Psychology, 19(6), 559–562. Olweus, D. (1992). Victimization among schoolchildren: Intervention and prevention. In G. W. Albee, L. A. Bond, & T. V. Cook Monsey (Hrsg.), Improving children’s lives: Global perspectives on prevention (S. 279–295). Sage. Polder-Verkiel, S. E. (2012). Online responsibility: Bad samaritanism and the influence of internet mediation. Science and Engineering Ethics, 18(1), 117–141. Schroeder, D. A., Penner, L., Dovidio, J. F., & Piliavin, J. A. (1995). The psychology of helping and altruism. Problems and puzzles. McGraw-Hill. Schwartz, S. H., & Bilsky, W. (1987). Toward a universal psychological structure of human values. Journal of Personality and Social Psychology, 53(3), 550–562. Staub, E. (1971). Helping a person in distress: The influence of implicit and explicit “rules” of conduct on children and adults. Journal of Personality and Social Psychology, 17(2), 137–144.

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Testa, M., Miller, B. A., Downs, W. R., & Panek, D. (1992). The moderating impact of social support following childhood sexual abuse. Violence and Victims, 7(2), 173–186. Wolfe, D. A., Zak, L., Wilson, S., & Jaffe, P. (1986). Child witnesses to violence between parents: Critical issues in behavioral and social adjustment. Journal of Abnormal Child Psychology, 14(1), 95–104.

Rudi Heimann

(Dipl.-Verw.), Vice President of South Hessian police headquarters, former head of a central foreigners authority, teaches the subjects of criminology, leadership theory and police deployment management at the Hessian University of Applied Sciences for Police and Administration. He is a guest lecturer at the German Police University and the BKA; one of his main areas of research is sexualised violence. He has published on topics such as exhibitionism, violence against women and is intensively involved with human behaviour in safety-critical situations. He trains trainers and educators to become DOSB-licensed violence protection trainers; he himself conducts violence protection seminars for a wide variety of target groups.

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Model Seminar Exemplary Seminar Schedule Jürgen Fritzsche and Anna-Maria Fritzsche Contents 14.1  Introduction – 240 14.2  Seminar Methodology – 240 14.2.1  Implementation Scenario Trainings – 241 14.2.2  Trainer – 246

14.3  Course of a Model Seminar – 248 14.3.1  Basic Structure – 249 14.3.2  Advance Planning – 250 14.3.3  First Learning Unit – 254 14.3.4  Second Learning Unit – 256 14.3.5  Third Learning Unit – 258 14.3.6  Fourth Learning Unit – 260

14.4  Medical Emergencies – 260 14.4.1  Psychiatric Emergency Situations – 261 14.4.2  Traumatic Diseases – 262

References – 263

© The Author(s), under exclusive license to Springer Fachmedien Wiesbaden GmbH, part of Springer Nature 2022 R. Heimann and J. Fritzsche (eds.), Violence Prevention in Education, School, and Club, https://doi.org/10.1007/978-3-658-38551-4_14

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This chapter presents a four-day seminar for the age group of seven to fourteen years. The framework conditions such as group size, coeducational approach or Seedukation, number of trainers and number of hours are thoroughly illuminated. In addition, there are hints on supporting topics for trainers (first aid, supervision, insurance) and information for parents. The focus is on an exemplary lesson plan and the aspects that should help the students to understand the topic of “safety” and to implement it in the best possible way. In order to minimize transfer losses from theory to practice, training-methodical principles are imparted and potential strengths and weaknesses of course concepts are discussed. The scenario training is proposed as a method for a multifactor sensory learning of solution strategies in crisis-prone situations.

14.1  Introduction

The childish development does not allow all learning content at every age. From an age of about seven years, children understand complex situations in a more profound way (7 Chap. 6). The support in this time period is shaped by the parents and the school. This chapter sheds light on relevant conditions and implementation possibilities of a self-assertion and self-defense training for the age span of seven to fourteen years. Topics that need to be clarified before a series of events are the structure and course of the planned seminar. The methodological approach is described as well as the number, gender and competence of the trainers (7 Sect. 14.2). In preliminary talks with decision makers, the Directorate, the teachers, the parents’ committee and possibly other persons (support association, janitor, bus company, etc.), the framework conditions and wishes are delineated. In these talks, the time frame, the participants’ setting, content-specific aspects, quality criteria (7 Sect. 12.6), the flow of information between the parties involved or logistical conditions can be discussed. The topics presented here do not claim to be complete. 14.2  Seminar Methodology

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New to learn and sustainably acquire knowledge is a complex process. Action-oriented learning in the form of scenario training leads to the multiple addressing of sensory stimuli. The more auditory, visual or tactile stimuli are combined, the more reliable new knowledge remains anchored in our consciousness. In the training on how to deal with crisis-prone situations, there are two significant reasons why this methodology should be used. On the one hand, it is rarely possible to practice security-critical situations in reality, because this would entail the risk of injury. On the other hand, security is too important for the user to invest time in a fleeting learning experience. In scenarios, each participant can experience a situation for themselves and draw conclusions from it. Furthermore, watching children can describe their experience to the protagonist (7 Sect. 11.5.1). In combination, this can ensure a sustainable learning success.

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14.2.1  Implementation Scenario Trainings

Scenario trainings serve primarily to train perception and improve self-confident appearance. Solutions are worked out on both a verbal and a nonverbal level of de-escalation and conflict resolution (Reich, 2008). The differentiated view of scenario trainings and the resulting possibilities of influencing the learners are an indispensable prerequisite for the successful application. Several process phases must be carried out professionally and linked together in order to achieve a successful implementation (Klippert, 1995; Gramm, 2002; Schulze, 2017). Mainly these are the introduction, the game and the evaluation phase. 14.2.1.1  Introduction Phase

With children and adolescents, it may be necessary to discuss rules for conducting role-playing games. Rules should secure the process, minimize time losses and cover participants, spectators and trainers. One-time fooling around is rather to be seen as amusing and not to be strictly suppressed. (Petermann & Petermann, 2001). A relaxed and calm appearance loosens the interaction with the participants. Possible rules could be: 5 Concentrate 5 Behave quietly 5 Observe the process 5 Make notes 5 Word contributions by hand signals 5 No physical contact of the participants It is important that the participants establish the rules. Few self-found rules are better than many given ones (Petermann & Petermann, 2001). Every question is worth asking and a professional attitude towards dealing with the participants is just as necessary as the expected professional competence. Action sequences are sketched in as much detail as necessary. Depending on the fictional situation, it may be necessary that participants only receive part of the overall situation explained (Subway Underpass). Therefore, it must be ensured which part of the participants hears which content. Subway Underpass

Setting: Two participants (victim and helper). Subway underpass. It is morning at 7:30 am in winter. It is dark and cold. The underpass is poorly lit. Victim Info: Just before the exit, a larger, drunk teenager comes around the corner, shouting. A child (victim) who is going through the underpass has a cell phone. There are no tools available. The situation is to be resolved verbally. Seeking help is possible. Spectator Info: A child (helper) sees the situation from the beginning of the underpass. He is not in possession of a cell phone. He is given the task in advance to find an adult, to address him and to ask for help.

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The participants receive a certain process, which is given in its rough form. Details can be implemented depending on the level of the participants and the advanced player experience. By specifying individually given action frames, previous experience can be included or excluded, so that the simulation allows for optimum learning. A row of chairs or a corridor in front of the seminar room can simulate a passage or subway underpass. In this way, realism can be created, seminar artificiality avoided and the participants facilitated in thinking through scenarios. Spontaneous reactions without many explanations are often a good basis for knowledge on which further exercises can be built and provided with priorities for the first role-play. Depending on the level, it should be made known what is expected gesturally or mimetically, what is desired or what can be counterproductive. In order to secure the process, the participants repeat the role and the rough form in their own words (possibly several times depending on the age). The roles to be assigned roles are in a possible maximum number of perpetrators, victims, witnesses and observers. The designation and thus verbal stigmatization of the victim as “victim” should generally be avoided. A clear role allocation simplifies the flow of the game, saves time and prevents misunderstandings. The role of the perpetrator is reserved for the trainers. This has several reasons: 5 No participants are stigmatized as “perpetrators”. 5 If the seminar leader does not yet have an overview of the group dynamics and the most introverted or even the most violent person is selected for this role, this can lead to the failure of exercises. 5 An amateur does not have the competence to design a role-play in such a way that the participants leave their comfort zone, learn something and do not panic at the same time. 5 Criminological findings on why a perpetrator acts as he acts belong to the trainer’s knowledge and are not accessible to every participant. 14.2.1.2  Playing Phase

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Ideally, the participants go into their role during the playing phase and are caught up in all their emotions. Exaggerations on the trainer’s side must be avoided. Comments from students such as: “Now I would […] do.” or “Actually, I would have […] done.” must be turned into actual action sequences. The participants should be repeatedly reminded to pay attention to all feelings and, if necessary, changes in these. In combination with empathy for the other actors, the experience can be better analyzed in the evaluation phase. At the end of the playing phase, all players are released from their roles. This is done, for example, after the action goal has been achieved. For this, the participants must be raised to a meta-level in order to be able to reflect on themselves, the game and the other players. The distance is necessary, otherwise a transfer to everyday life could be made more difficult. 14.2.1.3  Evaluation Phase

After a simulation, there are often many emotions in the game. Asking about these emotional states takes pressure off all those involved. After describing his just experienced emotions, the trainee can devote himself to the situational analysis in a more relaxed manner. For this, it is necessary to make a clear distinction between

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role-playing and post-reflection and to create an atmosphere of trustful togetherness. (Crookall, 1992) Reflection Questions  Reflection questions such as: “How do you feel?” or “What did you experience?” should first be asked of the “victim.” The victim is a single player and the supposedly weakest link in the chain. If the group were first asked about their impressions, they could cover up the protagonist’s feelings. Next, other participants, such as possible helpers, are interviewed, and finally the impressions of the uninvolved are collected. Collecting impressions helps all parties involved to gain first insights (Pohl, 2011). Through targeted questioning, actions can be explained and understanding achieved. At this point, no improvement suggestions should be accepted “I would … do.” Finally, the course leader should give his verdict—but only if this leads to further insights. Conversation rules in the reflection phase include not allowing excuses and involving everyone who wants to make a suggestion. Using reflection questions makes it possible to illuminate action alternatives and try out alternatives in the next round. All parties (trainer, practitioner, helper, spectator, etc.) must be aware of the individuality of the previous situation. This eliminates explanations and possibly justification moments of the participants after well-intentioned advice from friends who observed the simulation (relaxed) from the outside. Following Thiagarajan (1993), the following procedure is proposed, which does not always have to be followed in its entirety—but in the order: 5 How did you feel? 5 What happened? 5 What did you learn? 5 How does the game and reality fit together? 5 What would have happened if ? (Discussion of further hypothetical scenarios) 5 What’s next? (Strengthening of reality transfer) Role Recognition 

The assessment and utilization of a scenario training for an individual or a group can be carried out on two levels: 1. Assumption of the role—if it was not assumed, why not and how can the assumption be achieved. 2. Filling the role in verbal, paraverbal and nonverbal terms (loud, quiet, squeaky, carrying, mumbling language; laughing, congruent, strong body language) On the situational level, the trainer has to decide which goals the player is supposed to achieve. Ideally, non-aggressive solutions (without the use of self-defense techniques) are preferred for conflict situations. If these intended patterns of behavior are achieved, the simulation can be interrupted or aborted—ideally by a justified abandonment of aggression. The resulting positive reinforcement should fix learned behavior even better. If the learning goal is not achieved, there is the possibility to modify the role, the involved persons or the whole scenario. It is important to make sure that the learning steps are chosen so that they can always be achieved. Optimal behavior is not expected from anyone at the beginning. Suggestions for improvement, individually designed and dosed, can create an optimal learning atmosphere.

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A final reflection on all practiced mistakes should be avoided. It is not always easy to deal with criticism. The frustration tolerance can be minimal in young participants with stressful previous experiences. Role Ending  When a role is exhausted, modifications are made to the conditions.

Now it can be questioned whether the knowledge gained from a simulation is of a general nature and always contributes to safety or not. Photo & Video Feedback  The evaluation can be supported by photo or video feed-

back. The to look at one’s own behavior without value judgment can be less hurtful than a well-intentioned criticism of other participants or the trainer. In addition, it turns out that lay observers have perceptual deficits. Statements like: “I did not do / say that …” can be analyzed realistically with a video feedback (Petermann & Petermann, 2001). Necessary for this are the knowledge about the type and the course of a meaningful video analysis (Hänsel, 2006). As impressive as film analyzes can be, they are unfortunately also time-consuming; their use must therefore be well thought out. A video or personal analysis requires constant high communicative competence of the trainer (Kriz & Nöbauer, 2008). In addition to his analytical skills for observing behavior, he also has to help the learner to help himself with the right questions. It can not be demanded that the learner takes over the perspective, truth or solution finding of the trainer. Mature participants are able to solve problems independently. The course leader only supports to find them, without causing an overload in learning. 14.2.1.4  Challenges

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Not only children and adolescents with little life experience can develop inhibitions that work against the learning process. The biggest challenge is the participants’ fears, which often arise from negative experiences through badly staged role-plays. Through unprofessional debriefings, inhibitions and inner distance were built up by participants. Professional appearance and preparatory conversations of the seminar leader about methodology have a stress-reducing effect in these cases. Other sources of error are: 5 Inefficient preparation of role-plays 5 Imprecise instructions for action 5 Too long instructions 5 Too complex scenarios 5 Ideas that are far from reality 5 Technical terms 5 Unrecognized, disruptive group processes 5 Constant interruption of the seminar leader to correct every mistake There always has to be a break when symptoms of overstrain (crying, shock, etc.) occur. A simulation training that is frightening or even traumatizing must be avoided under all circumstances. If there are cancellations, participants can be caught up much better if two trainers are present. This allows the course to continue while the second trainer takes care of the affected person. This begins with simple assistance, goes through the individual personal debriefing of a game situation to clarifying conversations about possible misbehavior or a call to the parents.

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Overall, the performance limits of trainers have to be considered. Depending on the case, it may not be apparent until the course of a seminar that participants actually require therapeutic care. In these cases, under no circumstances should a solution be forced on site and—together with the parents—a decision should be made about the continuation of the seminar. Concerns about the training method can be mitigated by safety instructions and exit words. For example, codewords, hand signals or arm movements can be agreed upon that signal to the trainer that participants feel overwhelmed and would like to abort the sequence. 14.2.1.5  Role-playing Variants

There are numerous ways to design scenarios. Depending on the group structure, dynamics or desired goal, different alternatives can be used. Here is a representative list with the most important content features: Participant Variants 

5 1:1 role-playing Classic conflict relationships between two conflict partners of a safety-critical situation (friend—girlfriend, teacher—student, etc.) or simple distance exercises to illustrate partial aspects. 5 Group role-playing Role conflicts as an individual with a group, between two groups or several perpetrators with a victim. Structural variations 

5 Fixed frame The role-play is clearly defined by the participants, locations and materials. The participants move and act within a narrow frame. 5 Surprising Additional information for the course of action is introduced during the scenario. The input should not end the game, but show a new plot (7 In the Park). This increases the competence of the participants to act confidently in unusual, suddenly developing situations. In the Park

A conflict between trainer and participants is taking place in a park. 1. A friend of the perpetrator comes along—escalation of the situation. 2. A friend of the participant comes along—possible helper who is active on his own. 3. Another person comes along—possible helper who needs to be activated.

5 Spontaneous This type of simulation training is due to the respective situation and the context of the training course. Questions that arise are addressed and processed by means of a role-play. Specifications are hardly realizable. Openness and creativity are the challenge for the course leader and show the competence of the trainer team to solve questions with their methodological competence.

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5 Still image A scene is played and stopped at the most striking point. The audience can observe the course and judge up to the frozen scene. 5 Plenary role-plays This advanced form of interactive training takes place without prior notice and simultaneously with all course participants. Everyone is affected and it is not possible to escape into an observer role. Everyone is “himself ” because he is trapped in the role. 14.2.1.6  Transfer to Everyday Life

The connection to reality is determined by the form of reflection. The questions (7 Sect. 14.2.1.3) have to be clarified, whether the shown behaviours are rather related to real processes or singular events in relation to scenario training. The comparison between scenario and reality reveals similarities and differences. The development of further hypothetical actions and reactions allows to test, if the actions would have been changed under different circumstances. By describing their own future behaviours in relation to real situations, the participants internalize the new action options. It is also helpful to illuminate the chances and risks as well as to sketch the obstacles of everyday life (Heimann, 2010). Special demands are made on the possibilities of a transfer, especially in the field of self-defence. If for example a stab in the eye is practised on a pillow with painted eyes, the following transfer should be low. Also an indication of the technique automates this only and could lead to a failure in reality due to inhibitions (7 Chap. 12). 14.2.1.7  Perpetrator Behavior

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The range of perpetrator behavior demonstrated in a scenario training can be great. In any case, it is important to exclude health risks in role-playing (Staller et al., 2017a, b). Therefore, attacks with real weapons or objects that can lead to injuries or trauma are not allowed. Rubber or wooden knives or similar striking tools should only be used after prior agreement in order to avoid frightening or traumatizing effects. During a training, the participants gain increasing competence in crisis-prone situations. This can include verbal, paraverbal and nonverbal patterns of behavior, as well as techniques of self-defense. There is a discrepancy between realism and health protection (. Fig. 14.1). Only by means of a speed-reduced training can dangerous actions be carried out, automated and stabilized. The challenge for the trainer is to offer the individually correct dose for each actor. 14.2.2  Trainer

The trainer must necessarily master the subject matter and methods comprehensively. It is necessary that he generates event sequences of crisis situations in high variety and variation. The behavior to be learned must be practiced under as many

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Speed

• Exercise hazardous to health • Realistic attacks • Maximum protection (trainer)

• Health preserving training • Unrealistic attacks • No/barely any protection

Realistic

. Fig. 14.1  Realism vs. health protection in scenario trainings

different conditions as possible. The more he succeeds in showing intermediate stages, the easier it is for the participants to work out individual solutions. The seminar leaders should familiarize themselves with the problem-plagued locations and hotspots in the home environment of the participants in advance. This includes both the inspection of the environment, conversations with, for example, confidence teachers or school management, as well as a look at the local media to learn about past local crises and their approaches to solutions; from this interactive training with reality can be created. The special features of each student must be considered individually. This includes a fundamental understanding of how a group can be led and which methods of knowledge transfer can be applied concretely. Presentation and moderation techniques must be able to be conveyed with a variety of media. The communicative skills of the trainer are of enormous importance, especially with sensitive topics such as violence, bullying, safety or action competence in crises. The more realistic simulations are, the more likely participants will be led to their limits. Experiences of failure can lead to the fact that the action-oriented method is called into question. By skillful procedure, the seminar leader should minimize these experiences of failure and sensitively correct possible deviations from the course, otherwise not only the trust in the method, but also in the trainer can be lost. 14.2.2.1  Qualification & Vita

In experiential learning, participants’ experiences and learning outcomes are individual and less predictable than in a lecture. Trainers should give up their need for comprehensive control. Spontaneity is more important than rigid adherence to fixed guidelines. The trainer must be competent in dealing with contradictions, conflicts and attacks on his own person. Trainers are asked legitimate questions about their qualifications and pedagogical knowledge, the disclosure of which is advisable. Are these qualified teachers or autodidacts? Does an external training exist via a license? For example, at the Chamber of Industry and Commerce or the German Olympic Sports Confederation or a

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s­ubordinate umbrella organization? Is there a teaching qualification and is it regularly updated? 14.2.2.2  Number of Trainers

A seminar that is very practice-oriented should generally be carried out in the lecturer team. This approach leads to higher participation by the seminar participants and the learning objectives are internalized more stably. The high transfer rate of the seminar contents into reality desired by all parties (parents, trainers, participants, teachers) can be better achieved by increased variability of action-oriented exercises. The expansion of the range of action should be helpful if, regardless of the scenarios, these can be changed from trainer to trainer. Furthermore, the non-acting trainer can observe situations from the outside and convey important learning impulses with his analyses. In the event of a participant’s indisposition, a trainer duo is also advantageous. It cannot be ruled out that there will be injuries in contact training or that the scenarios will nevertheless lead to psychological stress (7 Sect. 14.4.1) which must be caught short-term outside the seminar room. 14.2.2.3  Trainer Gender

The desire for a certain gender of the trainer could be carried by the idea that this is associated with a competence that hampers or optimizes the learning process of the participants. With the same competence, however, a male perpetrator could be pleaded for, as the worst case scenario is that an assault is carried out by a physically superior man. With female trainers or a mixed-gender team, a female perpetrator is available who is not considered commonplace. The topic aspect of sexualized violence is partly completely reduced to the fact that perpetrators are male (foreword, 7 Chap. 2). This attitude should be reconsidered against the background of female perpetrators. If only one trainer is used in the seminar operation, this should be male (with the same competence). The participants train directly on the largest problem in this case.

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14.2.2.4  Insurance

Trainers who do not carry out their activity as an employed teacher during school operation need sufficient insurance coverage. Professional liability, occupational accident and disability insurance can be relevant here. 14.3  Course of a Model Seminar

The seminar schedule presented here is described exemplarily on the basis of four learning units each lasting two and a half hours for a target group of seven- to fourteen-year-olds. The age range of the groups should not exceed a difference of two to three years. In addition, there are two meetings with the parents, in which the seminar contents are brought closer to them and further ideas are presented on how they can support them educationally. The content-related basis is core messages from prevention programs for children (Conte et al., 1985; Nelson, 1985; Saslawsky & Wurtele, 1986; Fryer et al.,

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o go

d

Th e

Your body is yours!

Saying NO is allowed!

re ar n eg ee gs oo w t lin da e b ee nd h s df i ba u ba g ds in nd t ec s i a re d I ts! Trust your feeling!

Tell and seek help! . Fig. 14.2  protective fortress

1987; Hill & Jason, 1987; Harvey et al., 1988; Hazzard et al., 1990). These result in a stable and secure environment for the students over the course of the training intervention. This protective fortress (. Fig. 14.2) of skills and abilities reduces the likelihood that the children will become victims of bullying or severe violence. 14.3.1  Basic Structure

At the beginning of each learning unit, the most important points of the previous lesson are repeated. In addition to securing the content, this helps children who, for example, have been absent due to illness, to find their way into the topic. A small movement break for example in the middle of the unit ensures increased attention and at the same time motivates. Movement games (7 Movement Game) should be chosen that are just as feasible in the classroom as in a gym or outdoors and directly related to the topic. Movement Game

Each child gets a cloth in the back pocket. The task is to avoid being hit and to take the cloth from someone at the same time. The game can be done as a pairs or group exercise. Whoever has the cloth taken away from them can be given a small task (physical contact training), and they can only participate again if they are freed (assistance) or if they leave (the uniqueness of an action).

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At the end of each learning unit, a short relaxation phase should take place. This allows all participants to return to everyday life using a fantasy journey, autogenic training or progressive muscle relaxation according to Jacobson. This phase can also be enriched with metaphors that enable a child-friendly transfer of desired behaviours to dangerous situations. It is possible to dissolve fixed views and behaviour patterns and replace them with more appropriate ones (Groth, 2004). For this it is helpful if the participants bring a blanket. Isomats are less suitable because they are too loud when the child moves during relaxation. 14.3.2  Advance Planning 14.3.2.1  Time Frame

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Whether a self-defense seminar is to be offered at a school or in the private sector, a certain amount of preparation time is essential. The planning includes the development of concepts as well as the time frame of pre- and post-meetings with decision-makers (e.g. school management). Regular, long-term security training makes sense. However, in most cases, neither the time nor the logistical framework will exist. In order to lay a foundation and convey a minimum level of security, a few hours are sufficient. Primarily, it is necessary to clarify how long one unit is (45, 60, 90 min) and how many units are needed. With about ten units of 60 min, sufficient content can be conveyed. Pedagogically, it makes little sense to practice all hours one after the other on one day, or ten times an hour once a month. Exceptions could be project days and project weeks. However, three to four blocks of two and a half to three hours are considered optimal. This gives the participants the opportunity to reflect and, through repeated contact, they have the opportunity to clarify emerging questions. Homework can also be given that integrates the security theme into the home education and promotes the dialogue with the persons entitled to education. If a complete event takes place within a project day, follow-up care is difficult to impossible. If an parents’ evening is planned to involve the parents, in addition to the location, an advance info, an agenda and a free time end are required in order to ask questions. It must be clarified whether it is a seminar at the weekend, in the afternoon or during school time. This in turn results in derivations from the locations, the insurance coverage to the bringing or picking up of the participants. 14.3.2.2  Locations

There are basically three options for choosing the location: in-house events, rented rooms or own seminar rooms. In-house seminars have the advantage that the students are present in familiar school premises at fixed times. Thus, it is a school event during the day and the children are thus insured. For an external provider, the insurance issue must be discussed with the Directorate. A sports hall with special logistics (mats, punching bags and boxing gloves) is not generally required. The mere desire for it could lead to rejection in the school context, as these premises are in demand and only limited. A classroom usually

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meets all the requirements and, in contrast to sports rooms, allows for the visualization of seminar content. The room should have about one third of the seating. This approach is helpful in an action-oriented seminar, as space is needed for movement. In-house seminars also have the advantage that all relevant logistics are regulated. Toilets are available and a canteen or kiosk is within reach. Externally rented premises could be privately available or municipal, city, or district sports halls, community centers, or seminar rooms. Churches and relief organizations often have rooms that are accessible. If the premises are provided, for example, the following questions arise: 5 How does an entire class or x-participants in the after-school sector get there and how do they get home from there? 5 Are there any visual aids such as a flipchart, a beamer, or a blackboard? 5 Is a media kit required? 5 Are there enough seats/tables and is the room size sufficient? 5 If a sports hall is used, the access conditions are relevant. It must be ensured that neither the own participants can leave the room without notice, nor that strangers have access (master key, transponder). 14.3.2.3  Information Flow

Via parent letters, information sheets, mailing lists or messenger services, relevant information for participants can be passed on taking into account data protection regulations. Information could relate to the following topics: 5 Name of the event 5 Integrative content 5 Dates 5 Location of the event, possibly meeting point 5 Time (start, end) if the event takes place in the after-school sector or at the weekend 5 Information about a break (water bottle, kiosk, no food break possible, etc.) 5 Availability of the trainer, in case collection cannot be guaranteed in time 5 Notes on liability 5 Desire for availability of the person entitled to custody 5 Information on the character of the event (school event or not) 5 Sensitization to injury prevention (no jewelry, flat, slip-resistant [sports] shoes) (7 Sect. 14.4) 5 Notes on the desired clothing (no expensive clothing, flat, slip-resistant [sports] shoes) In order to avoid unpleasant surprises, the health of the participants should be queried in advance. 14.3.2.4  Parent Information

In parallel with the first unit of the children or in advance, a parent information takes place, in which the parents are explained the concrete course contents as well as the methodological and didactic approach. In order to illustrate in which areas parental responsibility is required and in which areas the seminar supports, a simple symbolism is used (. Fig. 14.3):

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Education Kindergarten School Club

Preventing violence

Self Defense

. Fig. 14.3  Services of parents and educational institutions

On the left side of the vertical border line, educational measures, which are referred to as social programs and, for example, conveyed by parents and school, take effect. In order to achieve safe gains in action competence on the right side of the border, emotional learning is used in the seminar. This results in a sustainable learning success through the high emotional attachment of the safety-relevant facts, despite only a few repetitions. The fact that the parents are involved in the topic of safety strengthens the learning content and thus increases the sustainability. It should be made clear that a seminar cannot replace a permanent educational activity, but valuable impulses are given (7 The New Jacket). The New Jacket

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A twelve-year-old student has been given a new and expensive jacket. The parents tell the child with the words: “Don’t come home without a jacket.” Their intention is that he should neither leave the jacket in school nor on the school bus. This is not communicated. On the same day, he is the victim of an attack on the way to school when two older teenagers demand his jacket at knifepoint. He refuses, whereupon he receives cuts on his hand. Then he gives up the jacket. In the police interrogation, he says that at first he thought of the trouble he would get at home if he came home without a jacket.

Parental educational behavior and the associated communication is not always understood by the recipients as intended by the parents. So it can happen that there is a risk of a fight for jackets, mobile phones, watches, pocket money. After weighing up the risks and benefits, it is not advisable to get into a physical confrontation because of material things.

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14.3.2.5  Parent Evening

It may be possible to provide parents or guardians with further information on how to optimize their parenting behavior during a parent evening. Components could include: 5 First feedback from the seminar participants children and adolescents discuss 5 Forms and prevalence of violence in the life world of children and adolescents (7 Chap. 1 and 5) 5 Causes and prevention of bullying (7 Chap. 3, 4 and 8) 5 Hints for different methods of education as well as the effect of sanctions 5 How can education be supportive in order to bring about or stabilize certain character traits? (7 Chap. 6 and 8) 5 Basic preventive recommendations in standard situations 5 Explanation of the essential seminar contents including the homework (7 Chap. 11 and 12) 5 Legal limits of self-defense and thus self-defense (7 Chap. 6) 5 Literature recommendations 14.3.2.6  Involvement of Teachers and Guardians

It is not uncommon during seminars for the question to arise as to whether the current seminar operation can be accompanied by guardians or teachers. In principle, it cannot be denied to school decision-makers to involve a pedagogical teacher. However, it should be clarified with them when and to what extent they participate. Since the teaching content is not part of the curriculum, it must be assumed that teachers are unaware of it. Thus, it is quite possible that these action ideas are expressed by the participants because of the authority of the teacher, which, however, makes little sense when taking into account a risk-safety assessment. Such challenges can be clarified in a preliminary conversation. The presence of parents in seminar units does not appear advisable because of the then adapted or at least changed behavior of children and adolescents. However, involvement can increase the sustainability of learning content. For example, they can be partially present at the first lesson and attend a parents’ evening. Ideas relevant to safety can be promoted through their involvement in homework. 14.3.2.7  Injury Prevention

It is advisable to be well prepared and to exclude as many dangerous moments as possible, which is part of the duty of care (7 Sect. 14.4). In an action-oriented course, possibly with contact training, it is necessary to do without jewelry. Not only the removal of obvious watches and chains is required, but also piercings have to be removed. The protective equipment must be of the highest level and the footwear of the trainers and the participants must be correspondingly stable. It is important to take into account data protection aspects when collecting any medical problems. It is therefore of interest whether there are any diabetics, epileptics or previous injuries in the group who require special attention. Particular attention should be paid to psychological stresses. A written statement from the parents that there is no medical (psychophysical) objection to participation in the seminar is helpful.

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14.3.3  First Learning Unit

At the beginning, parents and children meet in the seminar room. The children sit in a circle with the lecturers and get to know each other. The adults are passive observers at this time. With a suitable icebreaker, the participants’ abilities should be quickly assessed and group dynamics recognized. This makes it easier for trainers to recognize the different characters and to adjust to them. For this it is important to choose a game that requires a minimum of interaction on the part of the participants. Namely introductions are not enough. A first short role-play (7 Movie Theatre Play) should highlight an unusual ability and present the effect to all participants. This could, for example, be the power of silence or saying no. This classic verbal self-assertion technique is usually underestimated in its effect. If this is used in a situation where a child’s no or silence is rather unusual, all linguistic tricks of the opposite fail. The only option left is to break off or take the enormous hurdle to force the child to follow instructions by physical force. If parents and guardians present are integrated into the game, they too quickly come to their verbal limits. In this way, the power of language can be worked out and its effect transferred to violence-preventing behaviour. Movie Theater Play

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Basic condition: The situation is solved verbally. Physical contact is not allowed. The roles of the ticket taker and movie theater owner are chosen by the trainer from the parents’ circle. Child A: Goes to the movies with his parents. Has a seat ticket. Child B: Sits in the seat (without a ticket) while child A buys something to drink for the movie with a parent. Child A: As soon as the parent, ticket taker, or movie theater owner will try to talk to the child from the chair.

Child B: Says nothing about it and shows no nonverbal reaction like shaking his head, etc. For debriefing, both groups are separated. The parents learn the background to this game in a separate room and the children parallel their first training session with the explanations of the purpose of the game and the transfer to violence prevention behaviors.

The development of the basic marker (“trust your feeling”) for future violence-preventing action takes place through the simplest symbols. With the help of smiley cards, pictures or drawings that symbolize positive (good) and negative (bad) emotions, children can also express their feelings in a pictorial way. Empathy of children is trained through stories. In subsequent role-plays, these new insights are confirmed. It is helpful that the children watching are also challenged in their emotional evaluations. With their sustainable feedback, they facilitate the learning process of the primary trainees. Important own insights from the scenario trainings can be tested directly afterwards (7 Sect. 14.2.1).

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Under social programs (7 Chap. 11) one can subsume all these properties which help us to deal with our similarly socialized fellow human beings. They are just as much shaped by parental education as by school, clubs, and peer groups. They are values like politeness, respect, and friendliness which make everyday coexistence so much easier. But what if a person does not act accordingly? What if a perpetrator does not react to this kind of behavior with an interruption of the deed? What if he does not heed the “Please stop?” What possibilities are then still available in the verbal and nonverbal spectrum? Classical education of children usually only offers few answers to appropriate behavior in security-critical situations. Natural protection programs are often overridden by actions of adults which are lived but in a crisis-ridden situation are of little to no help (7 Laughter on the School Yard). In addition to laughter there are many other aspects which in a dangerous situation are of little help and in the worst case even counterproductive to self-protection. Especially verbal “clinging” to conversations makes it more difficult to establish a boundary against potential perpetrators. Constant looking around or embarrassed averting of the gaze additionally underlines becoming a victim. In individual game sequences it is important to set the risky against the safe alternative actions and to consolidate the latter. Laughter on the School Yard

In the introduction to the following story, as many details as possible are used to give the listeners a picture, to integrate them into the story and thus to tune in to the resulting insights. In the first break of a primary school, the children play and romp over the school yard. In front of this is a traffic-calmed street and a sidewalk. A small fence separates the school from the sidewalk. There stands a small girl of the second grade. She is wearing a dress and has braids. Next to her is an adult man. The girl smiles at the man. Who is the man? 5 Father, uncle, grandfather, brother, teacher, acquaintance, pedestrian, perpetrator?

In the next step, the behaviors, gestures, and facial expressions which increase vulnerability (glossary; 7 Chap. 4) are depicted and the alternatives which lead to a self-confident, safe appearance are worked out. If the characteristics of a self-confident, strong body language (self-assertion) are identified, these are fixed through the scenario training. It is important to meet the individually perceived boundary violation with a confident appearance. For this purpose, the broad stance in a normal-wide stance is used to demonstrate stability. The legs are slightly bent, the trunk upright and the gaze and head straight towards the danger. The arms can be positioned next to the body if the danger is unclear and distant. However, the hands should be visible and not hidden in the pockets, for example. If the danger is present, the raising of the arms and the alignment of the hands serve as a stop/defensive position as an important signal for the environment. Passing passers-by could be prompted to provide help. In any case, they will observe such a scene for longer or more attentively.

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The location of the role-plays can already be moved into adjacent corridors. Through the constantly observed scenes, even the spectators learn more and more to become aware of a self-confident attitude. The identification of different emotional states can be trained with pictures or feeling cards. While emotions are written on the cards that a child plays in the form of a guessing game, scenes or faces can be seen on the pictures that reveal emotions and their meaning is moderated by the trainer. Violence prevention requires comprehensive and sustainable engagement—alone because it must be constantly adapted to the respective age of children and adolescents. The involvement of school, parents and relatives helps to integrate the topic into education. The participants should be encouraged to always come to the trusted persons with all questions. Homework serves this purpose, which allows the family to take up the topic of security and to enter into a dialogue about it. Such a homework could be a positive list (7 Positive List), in which the question is to be clarified with whom a child always and under all circumstances may go or ride. It is also true that the specified person may be admitted to the apartment if the child were alone at home. Positive List

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This list includes all trusted persons who, in the opinion of the child, father and mother, would be allowed to pick up the child anywhere at any time or, if the child is alone in the apartment, to open the door to them. In order to not make the task too easy for the child, it should first write down the names. Then one parent and finally, separately from that, the other parent. If it can’t read and write to the required extent, photos

serve as a help. If the parents are not of the same opinion, this results in conversations about why different views exist. The child learns that the guardians are concerned and ready to help with advice and action. Ideas like “by arrangement” or “call me” don’t work in stressful situations, are dependent on other conditions such as the ability to make a phone call, and should be avoided.

When requesting the creation of these lists (. Table 14.1), it should be noted that one of the parents may be single, the partner may have died or other persons with parental responsibility may exist who are particularly important for the child. What and why a child is allowed or not should be able to be discussed openly in a circle of responsible persons with parental responsibility—in the interests of the child’s safety. 14.3.4  Second Learning Unit

At the beginning of the second lesson, the homework from the first learning unit is discussed and extended to include phone numbers, and given out again. If the preferred trusted persons cannot be reached, the other people on the list are availa-

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. Table 14.1  Example Positive List Child

Mom

Dad

Mom

+

+

Dad

+

+

Grandma Eva

+

+

Grandpa Heinz

+

+

Uncle Lukas

+



Aunt Carmen

+

+

Victoria’s dad





Alexander’s mom

+

+

Sports coach



+

Classroom teacher

+

+

Telephone number

ble as possible helpers. This task leads to questions from younger children about how to use phones. The phone numbers should be memorized and not just accessed via a speed dial or contact list, otherwise the numbers will not be available without this device. The use of a mobile phone can be worked out in role-plays. Even if the child’s possession is rejected at home, it is certainly beneficial to be able to use one. Scenarios in which strangers are approached on the street or at the door because the child needs help are conceivable. In an emergency, they lead to more action competence and reduce the potential for danger. After the homework, the verbal possibilities of violence prevention are worked out (7 Sect 11.4). In the language area, the classic calls for help and stop serve as the basis for communication with the perpetrator. Cognitively restricted under stress, only short sentences such as: “Leave me alone” are formed. It is easier for children to form one-word sentences such as: “No!” and “Stop!” Here, in particular, risk factors such as insults, provocation and threats are to be discussed and avoided. Tell and Seek Help

A ten-year-old student is regularly harassed by two boys on the way home. When she comes home and her mother asks her how she is, she answers shortly and tersely: “Good”. The following questions can be used to derive safety-relevant conclusions and alternative actions for the girl: 5 What can she do to prevent a repetition? 5 Advantages and disadvantages of lying to parents? 5 Who else could help besides her mother? 5 Do the two boys stop on their own?

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There are always situations for children in which they have to decide whether and, if so, whom and when to ask for help (7 Tell and Seek Help). This topic can be conveyed safely using experience cards or a role-play. In the following exercises, further help can be given which supports the principles “Tell and look for help” as well as “getting help is not snitching”. Media support (7 Chap. 15) offers variety here and helps participants understand that not all problems have to be solved by themselves. Starting from the second teaching unit, the role-plays become more complex. Standard scenarios could be: 5 Conflict in the school bus 5 Cheating on the way home 5 Address from a car 5 Witness of violence The participants are already able to act more differentiated. The strong body language may get a name (7 Lion Stance) and everything fits together to form a preventive, safe action. Now more boundaries are explored. For example, with the participating children, it is discussed whether it is worth having a physical confrontaLion Stance

The children are moved through the room by means of a simple game. They should imitate strong animals. Already known elements of strong body language are sustainably consolidated. From a lion identified as strong, the one can be derived from an optimized position and from the raised paws the raised hands are derived and linked with the conceptual anchor. From this point on, the “lion stance” is established and is also gladly demonstrated to the parents.

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tion that is anyway hopeless because of a wool cap or a drink package that has been taken away by older children. However, this does not mean that this process is accepted without comment. Help is requested as appropriate to the situation. This is followed by first practical exercises in self-defense for the time when self-defense techniques are no longer effective and a physical attack by an attacker is imminent. Here, existing strike or kick inhibition can be minimized by using strike pads (7 Chap. 12). The finale is again a relaxation exercise. 14.3.5  Third Learning Unit

On the third day, the control of homework is carried out by means of a role-play in which it is necessary to reach a person on the list of helpers by telephone and to request support from this person. Both the assistance of individuals and in a group can be discussed and trained (Arbeitsgemeinschaft, 2006). It should be avoided to address or touch the perpetrator and to concentrate verbally and if necessary physically

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Requesting and Providing Help

5 What does the participating child do who observes the scene when three children beat up another child on the school playground who is lying on the ground and kicking it? 5 A small boy has got lost in a foreign city. What should be considered if he has to ring a doorbell somewhere and ask for help? 5 On the playground, the friend falls from the swing and hurts his foot so badly that he can’t walk anymore. Who does the participating child address? 5 In the bus, teenagers try to take a child’s schoolbag away to open it and

distribute the contents in the bus. What is to be done? 5 On the train, some teenagers paint the seats full. The teenagers see that they are being observed by a student and come to him. What can he do? 5 A man holds a struggling and screaming child on a parking lot. Two friends observe the scene. What should they do? 5 A group of drunken teenagers harasses students passing by on their way home. What should a child do who also has to go in this direction?

on the victim. Threats or insults increase the risk for the helper as well as for the directly affected person in the situation (7 Requesting and Providing Help). The role-plays should be extended to available locations (school yard, bus stop, canteen, staircase, corridors) at this time if possible. The realism of the environment helps the participants to transfer to everyday life. In the self-defense part only the trainer is acted against. Since he conveys the “worst case” perpetrator image as an adult, the participants realize that even in this case resistance can be successful. In addition, there is a not inconsiderable risk if participants were implemented as perpetrators, as their reactions are not controllable (7 Chap. 12). Protective equipment should be kept to a minimum to increase realism and the trainer should react as if he were attacked without protection. If trainers wear full-body suits as perpetrators, the participants may not really remove the existing attack inhibition, because they know without explanation that they cannot injure the attacker. As homework, the participants could identify a person in their environment with whom they could everything tell. They should then tell their personal most significant experiences from the lesson to this person. This is followed by the question of the favorite fairy tale of the trust person. The child should talk to her about why she likes the fairy tale so much and which emotions are addressed by the fairy tale. With this homework, the contact with the permanent reference person is further deepened. Of course, the contents of these conversations can be modified and, in addition to the desired dialogue with the child, lead to the achievement of the goals (. Fig. 14.2), which were already introduced in the previous learning units: 5 “Tell and seek help” 5 “Distinguish between good and bad feelings” 5 “There are good and bad secrets”

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14.3.6  Fourth Learning Unit

In addition to homework control, the focus of the last unit is the repetition of what has been learned under more difficult conditions. These include further scenarios such as the mental situation that a participant is alone at home and someone rings the doorbell or a phone call is made to a previously unknown person who, through his conversation, causes unpleasant feelings. The consistent termination of the telephone call and appropriate reactions to the ringing are to be automated in the same way as the subsequent search for help with a trusted person. From this point on, there will also be occasional physical violence in the scenario training, which the students learn to react to appropriately with self-defense elements. In order to consolidate the learning effect, it can be considered to offer the parents and decision-makers the learned in an closing event in the form of a seminar. For this purpose, the children run a predetermined path individually and are also addressed by unknown trainers and involved in various situations along this path. Police recommendations point out that this part of the seminar must not lead to trauma. Scenarios in which children are pulled into cars are taboo. Such an event is not a demonstration for the parents, but should consolidate what has been learned. A debriefing under consideration of the feedback rules adapted to children for the behavior shown, ends the learning units. The feedback should include both observations of the trainers and self-assessments and self-perceptions of the participants. Particular attention should be paid to the age-appropriate formulation of feedback (7 Sect. 14.2.1.3). 14.4  Medical Emergencies

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Through action-oriented training it can always come to physical injuries or psychosocial emergencies, which are presented here in a selection and supplemented with first aid measures. The ability to provide first aid should be up to date with all people in dealing with people, especially children and adolescents. First aid measures should be learned professionally and constantly retrained. Just as in de-escalation seminars, practical training should always be carried out in order to achieve action security in medical emergencies only if processes are regularly updated and refreshed (Dirks, 2013). The Federal Court of Justice convicted a teacher who only made a call without providing first aid and resuscitating an unconscious, collapsed student (7 Sect. 7.4.2) It is expressly pointed out that this chapter is not a substitute for a first aid course. Most teachers, trainers or seminar leaders are not medical doctors or therapists, so first aid measures are sufficient and no medical therapies are necessary. In a medical incident, the emergency call must be made (rescue chain). From this time on, the patient should not be left alone until the specialist staff arrives. The rescue personnel or the doctor should finally carry out a complete diagnostics and take over the further treatment (Dirks, 2013).

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Rescue chain 1. Immediate measures (e.g. securing the accident site, self-protection) 2. Call the emergency services 3. Provide first aid 4. Emercency services 5. Hospital

14.4.1  Psychiatric Emergency Situations 14.4.1.1  Anxiety Disorders

In the acute fear it is a panic disorder characterized by panic attacks. The panic attack consists of the following symptom constellation: 5 Restlessness 5 Hyperventilation (7 Sect. 14.4.1.2) 5 “Pawing” of the hands 5 Perioral or acral tingling (glossary) 5 Vegetative symptoms such as trembling, dizziness, drowsiness, heart racing 5 Tightness in the chest Panic attacks can occur in panic disorder as well as in post-traumatic stress disorder, depression or in connection with conflict situations. At this time, patients need good encouragement. A calm, pleasant setting should be established. It is helpful here to separate the patient from the other course participants. This is excellently achievable with a trainer duo. The conversation atmosphere must be free of distractions and should be characterized by positive appreciation. Further anxiety-provoking topics should be avoided by group participants. Contraindications are reprimands, criticism, irony or sarcasm. The supply to professional staff should be initiated promptly. 14.4.1.2  Hyperventilation Syndrome

Patients with hyperventilation syndrome experience a subjective shortness of breath without organic cause. The patient breathes far beyond the need. In addition to the feeling of shortness of breath, the patient experiences suffocation and the feeling of not being able to breathe properly. Since these patients have the feeling of shortness of breath, they increase the respiratory rate and are not able to consciously counter this situation. The immediate measures in this situation include the calming of the patient, slow inhalation, the attempt of a back breath by, for example, holding a plastic bag, as well as the creation of a calm environment. Other course participants should not watch. Since the lender cannot determine the difference between an organic or psychological cause, professional help must be sought. The emergency call must be made.

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14.4.1.3  Post-traumatic Stress Disorder

This is a delayed psychological reaction to an extremely stressful event. Post-traumatic stress disorder (PTSD) could be triggered, for example, by extraordinary threatening situations. The negative experiences can be of longer or shorter duration, such as severe accidents, violence, natural disasters or war, whereby the affected persons experience feelings such as fear and helplessness and, in the absence of their subjective coping possibilities, feel helpless and out of control. It can be a threat directly against the person or an indirect threat by observing, for example, accidents or violence against other people. In a self-defense seminar, it cannot be ruled out that participants with traumatic previous experiences are present. A Flashback (re-experiencing) of a past trauma can lead to a re-experiencing of all the feelings of that time and severely impair the person. Professional help is always advisable here. 14.4.2  Traumatic Diseases

In a traumatic incident, different structures of the body can be injured, resulting in different types of injuries such as fractures, dislocations of joints, sprains, bruises, and ligament ruptures, to name the most common. It is not the task of a layperson to determine the type of injury. In general, the PECH rule is applied to injuries of extremities (7 Sect. 14.4.2.1). It is not to be expected that a course in violence prevention will cover serious injuries such as fractures of the spine or pelvis, or a severe head injury. Two of the most common injuries will be discussed here by way of example. 14.4.2.1  Ankle joint distorsion

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This is the colloquially known sprain. There are numerous ligamentous structures in the ankle joint, as well as bony parts of the joint and muscles. All of these structures and many more can be injured in a distortion. For a layman it is not possible to differentiate which of the structures is affected; this does not play a big role in first aid. For swelling in the area of the ankle joint, which can occur with both a fracture and ligament or muscle injury, the so-called RICE rule (Rest - Ice - Compression - Elevation) is applied. Under pause, one understands the termination of the load. The patient should sit down and not try to take any more steps. The affected area should be cooled. It is important to avoid direct contact of the ice bag (ice, cold compress, etc.) with the skin. The cooling leads to a vasoconstriction, thus a bleeding and a swelling can be reduced. Likewise, cold reduces pain. Compression should also reduce bleeding and thus swelling. It is important to make sure that there are no gaps in the bandage, for example through an elastic band. Otherwise, the swelling would shift to this area. It takes the path of least resistance. If the ankle joint should be broken, it would not have any primary consequences for first aid measures for the layman. The application of compression must be controlled. It could lead to a strong increase in pain in the event of a fracture; then it would have to be loosened.

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In any case, professional help must be sought, as the type of injury must be clarified. 14.4.2.2  Hand- Finger injuries

By training with weights or by a fall, the bones or also the ligaments and tendons as well as the joint capsule in the hand or finger area can be injured. Here, too, it is not relevant for the first aider to know which injury it is in detail. The same therapy can be used here as in the case of an ankle injury. Cooling is very good in the upper extremity, as well as elevation and of course rest. With regard to compression, it is recommended to splint the injured finger together with the adjacent finger in the event of a finger injury. It is relevant that as little or no movement takes place in the injured area.

References Arbeitsgemeinschaft Jugend und Bildung e. V. (2006). Nur Mut. Zivilcourage lernen. Universum Verlag GmbH. Conte, J., Rosen, C., Saperstein, L., & Shermack, R. (1985). An evaluation of a program to prevent the sexual victimization of young children. Child Abuse & Neglect, 9(3), 319–328. Crookall, D. (1992). Debriefing. Simulation & Gaming, 23(2), 141–142. Dirks, B. (2013). Notfallmedizin. Springer. Fryer, G., Kraizer, S., & Miyoshi, T. (1987). Measuring actual reduction of risk to child abuse: A new approach. Child Abuse & Neglect, 11(2), 173–179. Gramm, A. (2002). Plan- und Rollenspiele in der politischen Bildung gegen Rechtsextremismus. 7 http:// andreasgramm.de/papers/Gramm_Rollenspiele_in_der_politischen_Bildung.pdf. Accessed: 20. Jul. 2022. Groth, S. (2004). Konflikte. In E. Maaß, M. Fraumann, S. Groth, & F. Schrade (Hrsg.), Von Ärgermäusen und Zauberjacken. VAK Hänsel, F. (2006). Feedback und Instruktion. In M. Tietjens & B. Strauß (Hrsg.), Handbuch Sportpsychologie (S. 62–70). Hofmann. Harvey, P., Forehand, R., Brown, C., & Holmes, T. (1988). The prevention of sexual abuse: Examination of the effectiveness of a program with kindergarten-age children. Behavior Therapy, 19(3), 429–435. Hazzard, A., Kleemeier, C. & Webb, C. (1990). Teacher versus expert presentations of sexual abuse prevention programs. Journal of Interpersonal Violence, 5(1), 23–35. Heimann, R. (2010). Trainieren für die Krise. In P. Mistele & U. Bargstedt (Hrsg.), Sicheres Handeln lernen – Kompetenzen und Kultur entwickeln (S. 123–140). Verlag für Polizeiwissenschaft. Hill, J., & Jason, L. (1987). An evaluation of a school-based child sexual abuse primary prevention program. Psychotherapy Bulletin, 22(1), 36–38. Klippert, H. (1995). Kommunikationstraining Übungsbausteine für den Unterricht II. (S. 200). Beltz. Kriz W. C., & Nöbauer B. (2008). Den Lernerfolg mit Debriefing von Planspielen sichern. 7 https:// www.bibb.de/dokumente/pdf/1_08a.pdf. Accessed: 19. Jul. 2022. Nelson, D. (1985). An evaluation of the student outcomes and instructional characteristics of the “You’re in charge” program. Unpublished manuscript prepared for the Utah State Office of Education, Salt Lake City. Petermann, F., & Petermann, U. (2001). Training mit aggressiven Kindern (10. Aufl., S. 232). Beltz PVU. Pohl, M. (2011). Kreativitätstraining und Kreative Kompetenz – Train the Trainer Reihe. Cornelsen. Reich, K. (2008). Methodenpool. 7 http://www.uni-koeln.de/hf/konstrukt/didaktik/download/rollenspiele.pdf. Accessed: 20. Jul. 2022. Saslawsky, D., & Wurtele, S. (1986). Educating children about sexual abuse: Implications for pediatric intervention and possible prevention. Journal of Pediatric Psychology, 11(2), 235–245. Schulze, A. (2017). Methodenreader Politikunterricht. 7 https://www.ipw.uni-hannover.de/fileadmin/ politische_wissenschaft/CoPYR_PPP_REader_2017_Neuer_Reader_MIT_TITEL_PDF1.pdf. Accessed: 20. Jun. 2019.

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Thiagarajan, S. (1993). How to maximize transfer from simulation games through systematic debriefing. In F. Percival, S. Lodge, & D. Saunders (Hrsg.), The simulation and gaming yearbook (Bd. 1, S. 45– 52). Kogan Page. Staller, M., Zaiser, B., & Körner, S. (2017a). Zwischen Training und der Anwendung im Ernstfall: Repräsentatives Lerndesign im polizeilichen Einsatztraining. In S. Körner & L. Istas (Hrsg.), Martial Arts and Society: Zur gesellschaftlichen Bedeutung von Kampfkunst, Kampfsport und Selbstverteidigung (S. 264–271). (Schriften der Deutschen Vereinigung für Sportwissenschaft; Bd. 266). Edition Czwalina. Staller, M., Zaiser, B., & Körner, S. (2017b). Unverletzt besser werden: repräsentative Simulationen im polizeilichen Einsatztraining. Polizei und Wissenschaft, 3, 13–27.

Dr. Jürgen Fritzsche

(Dr. phil nat, MA sport sciences) Technical Director of the Karate Federation Luxembourg, former head instructor at the German Karate Federation until the end of 2018. Among other things, he was head of department for violence protection and self-defence. As an internationally active lecturer (Experts for Training), the book author not only teaches trainers, physiotherapists and medical professionals, but also passes on his knowledge to institutes and companies. Dr. Anna-Maria Fritzsche

(Dr. med.) is a trained physiotherapist and works as a doctor for orthopaedics and trauma surgery as well as an emergency physician. She trains sports doctors and sports physiotherapists as a lecturer and is part of the medical staff of the German Karate Federation. In the Rock’n Roll Association of Austria, she is the national trainer with main responsibility for all age groups and is interested in sustainably combating the issue of sexualised violence in sport.

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Funding, Counseling and Support Pool of Information and Ideas Chris Hörnberger Contents 15.1  Introduction – 266 15.2  Programs and Projects – 266 15.2.1  Rights, Equality and Citizenship Programmes – 266 15.2.2  Living Democracy – 266 15.2.3  Dare! – 267 15.2.4  education-y.de – 267 15.2.5  Network Against Violence – 267 15.2.6  Counseling Centers, Aid Organizations, Associations and Official Bodies – 268

15.3  Security for Children and Adolescents on the Internet – 268 15.3.1  Cool and Safe (CaS) – the Online Training for Children – 268 15.3.2  Police for You – 268 15.3.3  Chatting Without Risk – 268 15.3.4  Internet-abc – 271 15.3.5  klicksafe – 271

© The Author(s), under exclusive license to Springer Fachmedien Wiesbaden GmbH, part of Springer Nature 2022 R. Heimann and J. Fritzsche (eds.), Violence Prevention in Education, School, and Club, https://doi.org/10.1007/978-3-658-38551-4_15

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A large number of non-profit organizations support the fight against violence. Authorities, schools, clubs, relief organizations, foundations, parties, self-help groups and many other institutions are involved in violence prevention. They offer a haven for individuals, groups or institutions that want to engage in prevention, combating or follow-up in this important issue. Some specialize in active assistance in the form of therapies or training, others promote the topic with the use of financial resources for funding packages, projects or competitions. The neutrality principle “sine ira et studio” – without anger and zeal – is used. The reader is given an overview of the different possibilities of funding, counseling and contact points, so that he can find his way around in the extensive media offer.

15.1  Introduction

Violence in clubs, at schools and within families can have a variety of causes (7 Chap. 3). The forms of violence range from verbal disputes in peer groups to cyber bullying (glossary) in social media (7 Chap. 1). Therefore, it seems all the more important for parents, educational and training institutions as well as clubs to dedicate themselves to the available programs and projects. Violence prevention should ideally be used preventively and thus actively and not reactively by schools and clubs. 15.2  Programs and Projects

The selection of programs and projects presented here is available Europe-wide, nationwide and nationwide. In particular, at the state level, this is an exemplary list; each federal state usually has its own similar programs. 15.2.1  Rights, Equality and Citizenship Programmes

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Since 2014, the European Commission has been funding projects under the “Rights, Equality and Citizenship” programme. Thematic priorities include the prevention of gender-based violence, the protection and support of victims of domestic and sexual violence. Target groups are: children, women, men as well as lesbians, gays, bisexuals, transsexuals and intersex people. In 2018, there was a call for proposals for the prevention and combating of violence against gender-specific groups and children. Each year, several projects and programmes under the umbrella of “Rights, Equality and Citizenship” are presented and promoted by the EU (7 ec. europa.eu). 15.2.2  Living Democracy

“Living democracy” stands for a diverse, non-violent and democratic coexistence. The federal programme of the Federal Ministry for Family Affairs, Senior Citizens,

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Women and Youth was launched in 2015. It is applied at different levels, whether at the local, regional or even supra-regional level. The target group of the federal programme includes, among others: children and young people; parents, family members and carers; people working in youth welfare on an honorary, voluntary or professional basis; state and civil society actors. The funding from the federal programme may only be used for purposes which are conducive to the goals of the Basic Law (7 demokratie-leben.de). 15.2.3  Dare!

The nationwide initiative for the prevention of sexual child abuse “Dare!” of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth has the goal of strengthening and promoting children in a positive overall concept of education and training. As part of the initiative, children should learn to develop strategies for dealing with conflicts and boundary violations. They are encouraged to trust parents, teachers or other people in need or to seek help in critical situations. A key component of this project is the interactive play “Dare!” for students in grades 3 to 6, which addresses the issue of “sexual abuse”, enlightens and strengthens the self-awareness and awareness of children and young people (7 trau-dich.de). 15.2.4  education-y.de

An initiative to strengthen the children’s and young people’s action competence in the areas of family, day-care centers, schools and universities. The goals include helping to learn, acting as a mediator and serving as a point of contact for problems. For example, older students take on mentorships for younger classmates. The motto of this project is “Take care of each other. Be there for each other. Learn together.” The project is being implemented in many federal states, including Berlin, Hesse, Lower Saxony, North Rhine-Westphalia and Thuringia (7 education-y.de). 15.2.5  Network Against Violence

The Hessian state government has integrated a large number of prevention programs on the topic of violence prevention. The “Network against Violence” is a Hessian initiative that is supposed to bundle, promote and finally network the individual prevention activities and their actors. Target groups are: children, adolescents and young adults. A key program of this network is the “Prevention in Team” (PIT) founded specifically for schools in cooperation with the police and youth welfare (7 netzwerk-gegen-gewalt.hessen.de).

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268

C. Hörnberger

15.2.6  Counseling Centers, Aid Organizations, Associations

and Official Bodies

The . Table 15.1 shows a selection of different Aid Organizations, associations and official bodies that have taken on the topic of violence prevention or provide information on this topic. 15.3  Security for Children and Adolescents on the Internet

There are many types of media education that inform children, adolescents, young people, parents, teachers and trainers about safe use of the Internet and enable self-directed further education. 15.3.1  Cool and Safe (CaS) – the Online Training for Children

The association “School without Association” (SMOG) e. V. offers an online training – Cool and Safe (CAS) – for seven to ten-year-old children. The aim is to increase the self-assertion competence of a child towards peers and adults by simple exercises on the Internet. Action strategies for dealing with dangerous situations are taught. In addition, the dangers of the Internet and sexualized violence by strangers and known persons are pointed out. The online training was primarily designed for integration into school lessons and for training within families. It should lead to a significant increase in the emotional competence of a child. For teachers or trainers, a manual with further information and ideas as well as tips for implementation in the lesson plan was created (7 coolandsafe.de). 15.3.2  Police for You

15

The website “polizeifürdich.de” is a portal for children and adolescents processed by the police criminal advice of the countries and the federal government. It should give children and adolescents the opportunity to get answers to their questions in connection with crimes, prevention or counseling. Furthermore, the site offers the opportunity to obtain information about the rights and duties of young people as well as the tasks of the police and the course of a criminal procedure (polizeifürdich.de). 15.3.3  Chatting Without Risk

The “Chatten ohne Risiko” platform observes, tests and evaluates a variety of new communication offerings, such as chats, messenger services, e-communities (glossary) and apps with which children interact on the Internet. In doing so, the operators document and analyze all problems and additionally carry out surveys with children and adolescents who have had positive or negative experiences. They then

Databases, Coordination Centers, Police Stations

Trainers Parents

Teachers Trainers Parents Children

Teachers Trainers Parents

Teachers Trainers Parents Children

Teachers Parents Children

Teachers Trainers Parents

Federal Criminal Police Office (7 bka.de)

Federal Centre for Health Education (7 bzga.de)

Heidelberg Prevention Centre (HPZ) (7 faustlos.de)

Jugendschutz.net (7 jugendschutz.net)

Commission for the Protection of Minors in the Media (7 kjm-online.de)

Criminological Central Office e. V. (7 krimz.de)

Specialized databases (KrimLit), research projects, conferences, media libraries

Guidelines, legal bases, FAQ

Projects, programs, tools and learning methods

Continuing education, programs and funding projects

Online Portals, Tender Procedures, Projects

Information

Target Group

Address

. Table 15.1  Aid Organizations, Associations and Official Bodies

Criminological-forensic research

Basic tips for a responsible use of media

Protection of children and adolescents on the Internet

Promotion of social-emotional competence, among others the project – without violence

References to initiatives and projects for the promotion of prevention Guidelines and methods for the education of children

References to national and international points of contact or statistics

Focus

Central research and documentation facility of the federal government and the states

Duty of care towards private broadcasting and telecommunications

No authority, works with statutory mandate; joint competence center of the federal and state governments

Private institute

Free and chargeable literature

Page is for orientation and first information

Notes

(continued)

Statistics, evaluations, specialist papers, specialist literature

Reports, guidelines, brochures

Reports, materials, tools and flyers

Manuals, photographic materials

Media overview with a variety of literature

Statistics

Documents

Funding, Counseling and Support 269

15

Target Group

Teachers Trainers Parents Children

Teachers Trainers Parents Children

Teachers Trainers Parents

Teachers Trainers Parents Children

Teachers Trainers Parents Children

Nummer gegen Kummer e. V. [7 nummergegenkummer.de]

Victim and witness assistance [7 opferhilfen.de]

Police criminal advice of the countries and of the federation [7 polizei-beratung.de]

Offender-victim compensation [7 taeter-opfer-ausgleich.de]

Weisser Ring e. V. [7 weisser-ring.de]

Initial consultation, psychological support, accompaniment to justice, police and lawyer

Mediation between offender and victim

Contact person, prevention projects, advice, teaching materials

Contacts and concrete help

Children’s telephone; parent hotline; 24h/7days

Information

15

Address

. Table 15.1  (continued)

Assistance for victims of crime

Settle conflict out of court or at least by the offender’s efforts to obtain a mitigation of sentence in the process

Protection possibilities, prevention offers, causes of criminality, victim protection, aftercare, strengthening of the sense of security

Counseling and support for victims and witnesses in a comprehensive way

Quickly accessible counseling service for children, parents and persons with educational responsibility

Focus

Non-profit association for the support of victims of crime and the prevention of crime e. V.

Impartial mediation, free of charge

Police criminal advice of the federation and of the countries, free of charge

Parent organization of the victim assistance; also witness assistance

Parent organization of the largest free counseling service in Germany

Notes

Prevention concepts, flyers, brochures, seminars

Information and advice, statistics, flyers, manuals, concepts, contact persons, media library [polizeifürdich.de]

Current list of local victim and witness assistance

Statistics, studies

Documents

270 C. Hörnberger

271 Funding, Counseling and Support

question how the children and adolescents have dealt with the problems. In this way, patterns of behavior and security settings are questioned and worked out for safe communication on the Internet. The results are openly accessible. At the same time, tips and guidelines are provided free of charge (7 chatten-ohne-risiko.net). 15.3.4  Internet-abc

The Internet platform “internet-abc.de” offers children, parents and teachers information about the use of the Internet for children and adolescents. For each target group there is a separate area to meet the individual needs. Children can approach the topic of Internet online through playful learning methods. Parents and teachers get methods shown how they can integrate the topics into the everyday life or school lesson of a child and adolescent (7 internet-abc.de). 15.3.5  klicksafe

Since 2004, “klicksafe.de” has been committed to providing Internet users with the competent and critical use of the Internet and new media, as well as awareness of problematic areas of these tools, under an initiative of the European Commission. Among other things, materials, information and training for teachers, trainers and parents are provided. Children and young people also have the opportunity to inform themselves about the dangers and risks in certain areas and to train the handling. Numerous learning modules are offered with a playful character (7 klicksafe.de). Chris Hörnberger

(B. A. – Criminal Investigation), chief inspector, press officer of the Hessian Ministry of the Interior. Former head of the police department in a House of Juvenile Law. He has been working as a licensed violence protection trainer in schools, associations and public administrations since 2013. His seminars cover the areas of self-assertion, conflict and crisis management for various target groups as well as experiential education. His publications to date have been in the area of rampage/school shooting and preventive measures for coping with crisis situations. He teaches police operations management as a guest lecturer at the Hessian University of Applied Sciences for Police and Administration. From 2006 to 2009, he worked voluntarily as youth leader of the Karate Association of North Rhine-Westphalia and for several years as a board member and trainer in a self-defence association.

15

273

273

Supplementary Information Glossary – 274 Index – 277

© The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Fachmedien Wiesbaden GmbH, part of Springer Nature 2022 R. Heimann and J. Fritzsche (eds.), Violence Prevention in Education, School, and Club, https://doi.org/10.1007/978-3-658-38551-4

274 Glossary

Glossary Anorexie (Anorexia nervosa)  Psychosomatic form of eating disorder. Anthropometrie  Theory that deals with the measurements of the body, such as height,

extremity lengths, and weight. Etiology  Theory of the causes of violence and aggression. Bullying  Unwanted repeated harassment or violence in direct or indirect form by one or more persons in the context of the school. Bundeszentralregister  Register for criminal convictions, certain decisions of

administrative authorities, entries on incapacity to stand trial and special judicial findings. Concussion  Most common and least severe form of a traumatic brain injury (con-

cussion). Contrecoup  Injury-prone countermovement of the brain due to inertia in the event

of a massive impact. Delinquency  Behavior that violates social norms and is subject to sanctions. Deprivation  Withdrawal or withholding of basic needs on a physical, emotional, intellectual or moral level. Deviance  Behavior that deviates from the norm, but is not delinquent. E contrario  By way of a syllogism. E-Community  Organized communication of an Internet community that pursues the

same interests and goals. Endorphine  Proteins produced by the body with pain-relieving effect. Ephebophilia  Homosexual tendency towards pubertal and postpubertal boys. Epidural hematoma  Traumatically induced bleeding between the skull bones and the

dura mater. Youth welfare register  Part of the federal central register containing decisions and orders against a person according to juvenile justice. Grooming  Deliberate contact with people on the Internet with the aim of establish-

ing sexual contacts.

275 Glossary

Hoax  False message that is spread in print media, e-mail or messenger services and is

considered true and therefore spreads virally. Hypoglycemia  Abnormally low blood sugar level without being a diabetic. Hypophysis  The pituitary gland regulates the hormonal system of the body. Ingerence  Preliminary behavior. Connoted  Behavior associated with a secondary meaning. Paraesthesias  Misperceptions that can occur, for example, around the mouth (perio-

ral) or far away on the extremities (acral). Lateralization  Dominance of one side of the body (e.g. right- or left-handedness). Power disparity  Coexistence of unequal power positions. Mobbing  Unwanted repeated harassment or violence in direct or indirect form by one or more persons in the context of the workplace. Pederasty  Sexual preference of adult men for male children and adolescents (obso-

lete; cf. ephebophilia). Pedophilia  Primary sexual interest in children before the onset of puberty. Parasympathetic  Part of the nervous system and responsible for regenerative and constructive processes. Opposite processes are controlled by the sympathetic. Paraverbal  The way of speaking (articulation, loudness, speech tempo, pitch, intonation, etc.), which is highly culture-specific. Perpetuation  Continuation. Phishing  Through technical devices, fake websites, e-mails or short messages, per-

sonal data of an account are spied out in order to commit follow-up offenses with the access data, PIN, etc. Poenalize  Punish. Proxemics  Describes distance zones between people, the associated body language and feelings that cause interpersonal interaction. Seeducation  Education or training that only applies to one gender or other characteristic (alt. monoeducation). Sextortion  Extortion with the threatened dissemination of nude pictures or sexual acts carried out in front of the webcam.

276

Glossary

Sexting  Extortion with the threatened dissemination of nude pictures or sexual acts

carried out in front of the webcam. Teratogens  External influences that can cause malformations in the embryo or

changes in the central nervous system. Vestibular perception  Perception of: How is the body in space? How does gravity affect the body's position? How fast is the body moving? Victimology  The study of victims of violence and aggression. Visual training  Training intervention to optimize gaze behavior under stress, in sports

or combat. Voluntary  Pertaining to the will.

277

Index 3-6-9-12-rule  128

A Abuse  12 – sexual  14, 27, 49, 61, 97 Acceptance  122 Accompaniment – psychosocial  145 Act – sexual  97 Action – exhibitionistic  27 – violent  4 Action pressure  214 Activity level  72 Addiction potential  128 Adhesion procedure  109 Ad-hoc situation  187 Advance planning  250 Advisory duty  142 Aftercare  182 Age limit of self-defense  208 Aggression  6, 15, 117 Aggressiveness  60 Aid  91, 222 Aid Organization  268 Alcohol consumption  37, 60 Amok run  96 Anger  54, 63, 74 Anomie theory  37 Anonymity  43, 53, 234 Anorexia  134 Antisocial behavior  80 Anxiety  54 Appreciation  123 Approach  17 Assault  14, 29 – sexual  11 Assistance  41, 226, 258 – omitted  100 Attack  102, 206 – from behind  218 – from the front  217 – from the perpetrator’s perspective  217 Attacker  50 Attentive education  13 Attitude – prosocial  226

B Babysitter  100 Battle cry  211 Beating  118 Becoming a victim  64, 255 Behavior – antisocial  80 – prosocial  76, 191 Behavioral prevention  136 Behavioral rules  175 Blaming the victim  232 Blow  218 Board  172, 176, 178 Body feeling  52 Body language  191, 197, 234, 255 Bonding theory  37 Border violation  178 Boredom  42, 60, 63 Boundaries  120 Boundary setting  43 Boundary violation  186 Brain  211 Breeding means  150 Bright field  22 Broken window  37 Bulimia  15 Bullying  13, 130 By-law  177 Bystander effect  226

C Caregiver  143 Catharsis theory  39 Causes of violence  34 Certificate of good conduct  177, 181 Challenge  244 Change of values  42 Checklist  181 Child abuse  48 Child pornography  27 Child protection  141 Child protection software  128 Childish development  240 Classmates  36 Classroom conversation  196 Clearance rate  26 Closing event  260 Club  116

A–C

278

Index

Club chairman  100 Club sanction  177 Coach  178 Coaches  181 Code of conduct  132, 177 Code of honor  175, 181 Codeword  245 Coercion – sexual  49 Cognitive support theory  39 Communication  74, 210 – paraverbal  194 – verbal  187 Compensation  111 Competence – emotional  190 – social  81 Competence to act  234 Computer  127 Concentration disorder  72 Concept of violence  4 Condition  150 Conditioning  122 Conflict  6 Conflict escalation  7 Conflict resolution strategy  42 Conscience  75 Conscience formation  42 Consciousness of injustice  42 Consequence  119, 180, 183 – logical  120 – natural  121 – unpleasant  123 Control  43, 128 Conversation  180 Co-perpetrator  91 Corporal punishment  117 Court  149 Crimes  89 Criminal Application  108 Criminal complaint  107, 144 Crisis  188 Cultivation thesis  39 Cultural influence  68 Curfew  118 Curriculum  204 Cyberbullying  53, 134 Cyber-grooming  17, 98 Cyberstalking  17

D Damages  109 Danger prevention  148 Dangerous approach  148 Dangerous bodily injury  94

Dangerous object  215 Dark field  24, 26 Defamation  92 Defense  216 Defensiveness  71 Delinquent subculture  38 Depression  54, 60 Development – childish  240 – sensomotor  71 Developmental level  68 Developmental phases  70 Developmental risks  70 Developmental steps  72 Difficult children  14 Diffusion of responsibility  65 Dignity  92 Discipline – violent  5 Dismissal  180 Disorientation  120 Display behavior  23 Dissoziales verhalten  191 Distance  215, 217, 218, 234 Distraction  81 Divorce  37 Documentation  180 Domestic Violence Act  110 Domestic violence law  46 Drug consumption  37, 60 Duty  173, 175

E Education – attentive  13 – non-violent  13, 99 – straffreie  116 Educational assistant  143 Educational mandate  131 Educational measures  149 Educational register  109 Effectiveness  210, 212 Electroshock device  220, 221 Emergency – excuse of emergency  105 – justifying  104 – medical  260 Emergency call  260 Emergency situation – psychiatric  261 Emotion  69, 74, 80, 81 Emotional competence  190 Emotional knowledge  74 Emotional poverty  60 Emotional violence  12

279 Index

emotion control  83 Empathy  226, 233 Entrance into school  79 Environmental influence  70 Equipment – tactical  220 Exceptional situation  211 Excitation level  205 Excitement level  234 Excuse of emergency  105 Exercise form  208 Exercise of power  7 Exhibitionistic actions  27 Exhibitionistische Handlungen  98 Exit word  245 Experiment  25 Exposure  17 Expulsion  180 Extortion  14, 50, 97

F Facial expression  75, 234 Failure  78, 125 Family court  142 Fantasy world  73 Fear  14, 26, 36, 74, 261 Federal Central Register  109 Federal Criminal Police Office  22 Feeling  189, 254 Feeling of guilt  121 Feeling of superiority  42 Fight  95, 188, 205, 211 Film recording  107 Fine  109 Fine motor skills  72 Finger injury  263 First aid  111, 260 Fixation  207, 216 Flashback  262 Flight  188, 205, 211 Fraud  50 Frustration-aggression hypothesis  35 Frustration tolerance  125 Full-time care  144 Funding  267

G Game console  127 Game form  208 Gas gun  220 Genital area  218, 219 Genital mutilation  12 German Olympic Sports Confederation  174 Gestures  234

Getting help  258 – is not snitching  258 Grammar school  15 Grooming  15, 17, 134 Gross motor skills  72 Ground fighting  218 Group, violence  65 Group structure  209 Guarantor position  100, 181 Guardians  206 Guidelines  174 Gullibility  50 Gymnasiums  15

H Habitualization theory  39 Hand-finger-injury  263 Happy slapping  17 Harassment  17 – sexual  14, 17, 99 Health protection  246 Helping behavior  230 Helplessness  42, 55 Hitting  5 Homework  253, 256, 258 Hyperactive  72 Hyperactivity  52 Hypersensitivity  71 Hyperventilation syndrome  261

I Identity crisis  42 Image  92 Image recording  107 I-message  122 Imitation  41 Imprisonment  5, 109 Incitement  91 Individual care  144 Information flow  251 Inhibition to use  220 In-house seminar  250 Injury  260 Injury prevention  253 Inobhutnahme  144 Insightfulness  42 Inspection of the file  108 Insult  5, 51, 92 Insurance  248, 253 Integration model  41 Intention  90 Interactive training  195 Internet  31, 127, 236, 271 Interrogation  145

F–I

280

Index

Interruption technique  218 Intervention  180, 230 – paradoxical  211 Intervention project  135 Interview  25 Involvement of third parties  253 Irritant gas  221 Irritant weapon  220

J Joy  74 Justifying emergency  104

K Kick  218 Kick inhibition  258 Kidnapping  29 Killings  12 Kindergarten  51

L Language  192 Language content  193 Language set  192 Laughter  255 Law enforcement agency  181 Learn from the model  36 Learning module  271 Legal advice  89 Legal Aid  108 Lever  216 Limit  124, 189 Listening – active  121 Long-term damage  54 Love of adventure  42 Love withdrawal  117 Lying  118

M Main trial  110 Materials  196 Media – effects  38 – escalation  40 – social  92 Media competence  126 Media education  268 Media literacy  134 Media usage  128

Media use  72 Mediator  267 Methodology  207, 240 Migration background  61 Minimization  81 Minor offence  145 Misdemeanors  89 Modellseminar  239 Motor deficit  72 Movement break  249 Movie Theatre Play  254 Mutilation – genital  12

N Need for recognition  42 Neglect  12, 38, 60, 72 Negligence  90 Network  121 – against violence  267 Neutralisationstheorie  36 Noise device  222 Non-disclosure of planned offenses  100 Non-violent education  13, 99 Notification  128 Notwehrexzess  104 Nude pictures  16

O Obligation to provide assistance  101 Obligation to tell the truth  146 Observational learning  36 Observation – participating  25 Offender  176, 177 Offender-victim compensation  146 Offender-victim mediation  46 Offense  90 Omission  99, 181 Omitted assistance  100 Online risk  127 Online training  268 Opportunistic perpetrators  61 Overcontrol  68 Overload  35

P Pain and suffering  109 Paradoxical intervention  211 Parasympathetic  205 Paraverbal communication  194 Parental counseling  141

281 Index

Parental responsibility  251 Parent evening  253 Parent information  251 Parenting counseling center  143 Parenting style – authoritarian  76 – authoritative  77 – inconsistent  119 – permissive  77 Parents  36, 68, 75, 116, 173, 206 Participating observation  25 Passivity  43 Pattern template  176 Pedophiles  79 Penalty  118 Pepper spray  220–222 Performance comparison  78 Performance control  43 Perpetrator  91, 180, 206 Perpetrator role  62 Perpetrators  24, 60, 135, 182 Perpetrator typology  60 Perpetrator-victim relationship  24, 31 Personality trait  68, 173 Persons entitled to custody  180 Persons responsible  178 Pessimism  78 Phone number  256 Physical contact  99 Placement  141 Playground  14 Police  100, 116, 144 Police crime statistics  22 Politeness  255 Pornografische Schriften  99 Pornography  15 Positive list  256 Post-traumatic stress disorder  262 Poverty – social  42 Power  63, 118, 205 Power motives  234 Praise  122 Prenatal phase  70 Preschoolers  72 Prevention  23, 136, 174 – in Team  267 Primary prevention  174 Primary school  51 Prior relationship  49 Private prosecution  109, 144 Process accompaniment  145 Program – social  190, 255 Property damage  14, 111 Prosecution  55, 89

Prosecutor’s office  107 Prosocial attitude  226 Prosocial behavior  76, 191 Protective fortress  249 Providers  213 Providing assistance – probability  230 Psychiatric emergency situation  261 Psychological disorder  38 Psychological – psychological  253 Psychological stress  253 Psychosocial accompaniment  145 Puberty  37, 80 Public Prosecutor’s Office  144 Punishment  36, 117

Q Qualification  247

R Range  215 Rape  49, 61, 98 Reaction training  210 Realism  246 Recognition  42, 76, 122 Reflection question  243 Rejection  72 Release technique  218 Reporting – asynchronous  40 Reporting behavior  55 Repression  182 Request for evidence  108 Resilience  68–70 Resistance  49 Re-socialization  151 Responsibility  233 Responsibility diffusion  227 Responsible  172 Revenge  63 Revictimization  55 Reward  36, 123 RICE rule  262 Ride a bike  72 Right to one’s own image  107 Robbery  14, 96 Role ending  244 Role model  173, 178 Role-play  242, 258 Role-playing  195, 245 Role recognition  243 Rules  241

Q–R

282

Index

S Sally-Anne-Test  74 Sanction  177 Satisfaction of needs  42 Saying no  254 Scenario training  195, 207, 213 – evaluation phase  242 – implementation  241 – introduction phase  241 – perpetrator behavior  246 – playing phase  242 – transfer  246 School  116, 129 School code of conduct  133 School management  100, 135 School mission statement  133 School sports  134 School way  14, 126 Screaming  5 Secondary prevention  178 Secondary victimization  41 Secrets  259 Self-assertiveness  187 Self-control  38, 73, 81 Self-defense  187, 204, 259 – age limit  208 – physical  212 – verbal  210 Self-efficacy  79, 121, 124 Self-esteem  52, 118 Self-image  74 Self-protection  204 Self-regulation  79 Seminar schedule  248 Sextortion  14 Sexual abuse  14, 27, 49, 97 Sexual act  97 Sexual assault  11 Sexual coercion  49 Sexual harassment  14, 17, 99 Sexualized violence  12, 175 Sexual murder  30 Shock paralysis  188, 211 Shock technique  218 Skills – linguistic  73 – motor  133 Slander  17, 92 Slap  5 Slap in the face  118 Sleep disorder  54 Smartphone  126 Social behavior  72 Social competence  190 Social control  41 – formal  116

– informal  116 Social exclusion  17 Socialization institution  116 Social media  92 Social networks  128 Social poverty  42 Social program  190, 255 Sociological aspects  42 Sound recording  92 Sources of error  244 Special school  15 Specific training  214 Sports  121, 125, 133 Stalking  15 Stimulationsthese  39 Strength training  210 Stress  204, 212 Stress hormones  205 Stressor  204 Stress reaction  205, 206 Strike frequency  210 Strike inhibition  258 Subculture – delinquent  38 Subsidiary complaint  110 Success experience  124 Suggestion thesis  39 Suicide  15, 134 Supervisor  108 Supervisory responsibility  229 Survival reaction  211 Suspect  23 Suspicion  180

T Tactical equipment  220 Täter-Opfer-Ausgleich  111 Teacher  36, 78, 129, 134, 229 – evaluation  133 Teaching staff   100 Tear gas  222 Television  127 Television ban  118 Television consumption  73 Telling  258 Tertiary prevention  182 The best interests of the child  141 Theft  96 Theory of differential contacts  35 Threat  96 Threshold  42 Tie their shoes  72 Time frame  250 Time management  209 Time of the crime  23

283 Index

Time travel – mental  81 Toddlers  70 Torture  14, 51 Trainer  100, 140, 173, 176, 179, 246, 248 Training  178 – interactive  195 – specific  214 – unspecific  197 Truancy  129 Types of violence  5

U Undercontrol  68 Understanding of violence  4 Unemployment  42 Unspecific training  197, 209 Unspoken word  107

V Values  173, 176 Vandalism  14 Verbal communication  187 Verbal violence  15 Victim  46, 110, 145, 178, 179, 182, 206, 229, 234 – co-responsibility  47 – degradation  37 – passive  51 Victim characteristic  63 Victim Compensation Act  110 Victimization  47, 63 – primary  53 – secondary  54 – tertiary  54 Victim protection  129, 180 Victim Protection Act  110 Victim protection law  46 Victim role  62, 118 Victims  24, 135 Victim signs  52 Victim typology  48 Video feedback  244 Vigilante justice  89

Violence  5, 10, 178, 180, 182 – consequences  5 – emotional  12 – genetic causes  34 – hormonal causes  34 – in care facilities  13 – in schools  13 – in the family  11 – in virtual space  15 – learning theories  35 – media  38 – psychological approaches  35 – sexualized  12 – verbal  15 – witness  12 Violence potential  117 Violence prevention  10 Violent action  4 Violent discipline  5 Violent offenders  62 Virtual space  236 Visual training  210

W Warning  150 Way to school  14 Weapons  30, 220 Weekend custody  150 Willingness to help  232 Withdrawal – of affection  5 – of food  5 Witnesses  111 Witness protection law  46

Y Youth  79 Youth Aid  149 Youth Criminal Law  109 Youth custody  150 Youth office  100, 116, 141 Youth sentence  151

U–Y