Sexual offences are taken very seriously by the German legal system, and convictions can have severe consequences for the accused. At Schlun & Elseven Rechtsanwälte, we are dedicated to providing legal guidance and representation in matters related to sexual offences in Germany.
Our firm is dedicated to providing the highest level of legal representation for clients accused of sexual offences. We have a proven track record of success in defending these cases.
If you or a loved one has been accused of a sexual offence, it is crucial to seek immediate legal assistance to protect your rights and build a strong defence. Our team of experienced German criminal defence lawyers is committed to providing our clients with compassionate and skilled legal representation. We are here to help guide you through this challenging process.
Please, do not hesitate to contact us directly for specialised professional assistance.
Sexual Assault & Rape under German Law
Sexual assault is listed under § 177 StGB, and the degree of the assault contributes to the potential sentencing. There are many factors taken into account when sentencing. Less severe offences carry a possible prison sentence of at least three months, whereas more serious sexual assaults can involve sentences of up to ten years. In such cases, factors such as carrying a weapon at the time of the assault, using a weapon during the assault, and the assault’s nature play an essential role.
Even without weapons or threats, it is sexual assault when the abuser disregards the victim’s will when acting. In such matters, consent is, of course, crucial.
It should also be noted that sexual assault or rape cases that lead to the victim’s death carry hefty sentences. Perpetrators can expect a minimum of 10 years in prison (§ 178 StGB).
In such cases, it is often the case that witnesses were not present at the time of the alleged sexual assault. Therefore, it comes down to the accuser’s word against the accused. However, this does not mean that victims are not believed and should not pursue a just case. In fact, in the wake of sexual abuse in high-profile industries, more and more people believe in victim testimony, and it is a criminal defence lawyer’s role to examine such testimony and allegations with the evidence available to them.
There is a wide range of circumstances taken into account when determining guilt or otherwise regarding such allegations. The facts of the case will determine what sentence is handed down or whether the accused will be found not to have committed the offence.
Working with a defence attorney means that you will receive the best advice in the face of such allegations.
Sexual Abuse of Vulnerable Persons under German Law
Sexual assault and other sexual offences are always damaging to an individual; however, in cases where the person in question is in a position of trust, they can be even more damaging. For this reason, there is a special mention, within the law, for sexual offences made against people in vulnerable situations.
Minors are one group seen as vulnerable but not the only one. Other vulnerable groups include people with disabilities, those in institutions, prisoners, and cases where the abuser takes advantage of their official position. Attempting to perform sexual offences on such individuals is also a sanctionable offence.
§ 174a StGB outlines the crime of “Sexual Abuse of Prisoners, Persons detained by Official Order, or Sick or Vulnerable Institutionalised Persons”, and it states the following:
- Whoever abuses their position to perform sexual acts on a prisoner or a person detained by official order, a person who is entrusted to them for upbringing, education, supervision or care, or has the prisoner or person detained perform sexual acts on them incurs a penalty of imprisonment for a term of between three months and five years.
- Whoever abuses a person who has been admitted to an institution for sick or vulnerable persons and is entrusted to them for supervision or care and performs sexual acts on that person, thereby exploiting said person’s illness or vulnerability, or whoever has that person perform sexual acts on them incurs the same penalty.
- The attempt is punishable.
Another case where adults are considered vulnerable is in cases of sexual abuse, which exploits counselling, treatment or a support relationship. This crime is provided by § 174c StGB and concerns situations where a counsellor or other support person exploits the victim. This refers to those in treatment for addiction and physical illnesses. The law states:
- Whoever performs sexual acts on a person entrusted to them for counselling, treatment or support due to a mental illness or disability, including an addiction, or due to a physical illness or disability, and exploits the counselling, treatment or support relationship or has said person perform sexual acts on them incurs a penalty of imprisonment for a term of between three months and five years.
- Whoever performs sexual acts on a person entrusted to them for psychotherapeutic treatment, thereby exploiting the treatment relationship, or has said person perform sexual acts on them incurs the same penalty.
- The attempt is punishable.
In such situations, where one person has “power” or “authority” over another person, allegations can easily arise.
Please, do not hesitate to contact a German criminal lawyer if such an allegation arises. Working with a defence lawyer is not an admission of guilt or a means to hide your offence; instead, it is a way to clear your name in cases of misunderstandings or false allegations.
Sexual Offences with Minors in Germany
Being convicted of sexual offences with minors carries hefty sentences. There are several criminal actions in this field, and it is not uncommon to see sentences of up to ten years imprisonment for such activities.
Sexual abuse of children is not merely limited to situations where the accused performs an action on a child (or vice versa) but also cases where they force the child to perform a sexual act on a third party.
Under § 176 StGB, sexually abusing a child also refers to conditions where the accused performs sexual actions in front of the child and situations where the accused promises to supply a third party with a child for sexual exploitation.
Aggravated sexual abuse of children (§ 176a StGB), which refers to penetrative sexual acts with children, carries heavier sentences. Also included here are repeat offences and incidences that damage the child’s health. Cases of sexual abuse that cause a child’s death have penalties of a minimum of ten years imprisonment under § 176b StGB.
Accusations can arise in cases where a person has a position of responsibility for the minors. Such a person is responsible for the child’s care, upbringing or education (for example, teachers or sports coaches). Under § 174 StGB abusing a position of power such as these to perform sexual abuse on a minor can lead to five years imprisonment. The sentencing will depend on the nature of the offences in question.
To be accused of such abuse, the crime does not need to be an action performed on the child or one conducted by the child on the adult, as it can also refer to indecent exposure to pornographic materials, the promotion of inappropriate sexual activity (§ 180 StGB) and offences relating to child pornography.
Offences in this area are harshly punished upon conviction.
Pimping and Offences with Prostitutes in Germany
Prostitution is legal in Germany. It is taxed and regulated, but some elements in this field are classified as sexual offences under the German Criminal Code. For example, although prostitution is legal, pimping is not. Pimping can carry heavy sanctions of up to five years imprisonment. The offence of pimping is outlined under § 181a StGB, which states the following:
Whoever
- exploits another person engaging in prostitution or
- for their own pecuniary benefit controls another person’s exercise of prostitution, determines the place, time, extent or other circumstances of the exercise of prostitution, or takes measures to prevent the person from giving up prostitution,
- and to that end maintains a general relationship with the person beyond a particular occasion incurs a penalty of imprisonment for a term of between six months and five years.
- Whoever undermines another person’s personal or financial independence by promoting, on a commercial basis, that person’s exercise of prostitution by procuring sexual relations… incurs a penalty of imprisonment for a term not exceeding three years or a fine.
Like other sexual offences, pimping accusations are damaging, and the sanctions can be severe. Working with a criminal defence lawyer will provide you with the best chance to fight against unjust accusations.
Another offence provided for is “unlawful prostitution” under § 184f StGB. Although prostitution is legal in Germany, different states and cities have different rules and regulations regarding how prostitution is permitted. Not following such rules can lead to criminal actions against the individual.
Prostitution “likely to corrupt juveniles” is also an offence under German law. One way to be found liable for this offence is to practice prostitution in a house where persons under 18 years of age live. This offence is legislated for under § 184g StGB.
Pornography Offences in Germany: Sexual Offences
With a general increase in internet usage over the last decade and the widespread availability of pornography on the internet, pornography offences are not unusual. The crime of child pornography involves strict sanctions, with even first-time offenders facing potential prison sentences. Of all accusations, this accusation is very damaging to a person’s personal and professional life. Contacting a defence lawyer is a requirement.
There are different categories of offences, and they can be found from § 184 StGB to § 184e StGB. In general, these offences refer to pornography with children and youths and pornography involving animals.
Pornography Offences with Humans and Animals
Under German law, it is an offence to disseminate (spread – through selling or otherwise) pornographic or violent videos or other materials involving humans and animals. Under § 184a StGB, a person found guilty of this offence can face up to three years imprisonment. The crime in full is stated here:
Whoever, in respect of pornographic material… depicting violent acts or sexual acts being committed by people with animals,
- disseminates such pornographic material or makes it available to the public or
- produces, obtains, supplies, stocks, offers, advertises or undertakes to import or export such pornographic material in order to use it or parts thereof… in order to facilitate such use by another person
incurs a penalty of imprisonment for a term not exceeding three years or a fine.
Child Pornography Offences in Germany
Child pornography is a more common offence, and there is a wide range of laws in this field. Firstly, there is § 184 StGB, which outlines that an offence may be committed by those who:
- offer, supply or make it (pornographic material) available to a person under 18 years of age,
- make it available at a place which is accessible to persons under 18 years of age or which can be seen by them,
More serious sexual offences occur when the pornographic material itself involves those under the age of 18. Several offences involve having children (up to the age of 14) and youths (14-17) in such material. Regarding children, the dissemination, procurement and possession of child pornography are all offences under § 184b StGB.
Pornographic material involving children includes material where the child is engaged in the sexual act, material where they witness the sexual act, and cases where the child is in a state of undress, showing their genitalia or where they are recorded/depicted in an “unnaturally sexual pose“.
Such offences can carry a sentence of up to five years imprisonment. However, where there is a commercial nature to the sexual offence or gang involvement, the penalty can be extended to up to ten years imprisonment.
Other sexual offences relating to child pornography include the organisation and attendance of presentations of child and youth pornography (§ 184e StGB) and also making pornographic content available through broadcasting or telemedia services (§ 184d StGB).
Youth Pornography Offences under German Law
Youth pornography refers to material involving those under 18 but over the age of 14. The offence relates to the same actions mentioned in child pornography, such as pornographic material involving youths, whether they are participating or witnessing the pornographic content. This offence carries sanctions of up to three years imprisonment.
Once again, where the case involves those operating on a commercial scale or in a gang, they will be liable to receive higher penalties.
Acts of Exhibitionism and Public Nuisance in Germany: Sexual Offences
Other sexual offences provided under § 13 StGB are “public nuisance” and “acts of exhibitionism”.
The violation of “acts of Exhibitionism” is provided for under § 183 StGB, and they can carry a prison sentence of up to one year. That is the maximum sentence for such a conviction. Alternatively, there is also the offence of public nuisance involving sexual actions. This offence can be linked to deliberate acts of exhibitionism in some circumstances. This offence is defined as:
Whoever performs sexual acts in public and thereby intentionally or knowingly offends common decency.
Such an offence also carries the likelihood of short-term imprisonment or a fine, depending on the facts of the case.
Practice Group: German Criminal Law
Practice Group:
German Criminal Law
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