German Sex Crime Lawyer | Defense Against Sexual Assault Charges

Sexual assault is regulated in Section 177 of the German Criminal Code (StGB). The provision covers sexual acts that are performed or forced against the recognizable will of another person. Disregarding the victim’s express or recognizable lack of consent can also constitute a criminal offense.

Factors that are taken into account when determining the sentence include the extent of violence or threats, the carrying or use of a weapon, the duration and intensity of the assault, and the personal consequences for the victim.

The penalty is imprisonment for six months to several years, especially in particularly serious cases such as the use of weapons, multiple perpetrators, or particularly degrading circumstances. If a sexual offense leads to serious damage to health or even the death of the victim, the law provides for a prison sentence of not less than ten years.

In practice, sexual offenses often face difficulties in terms of evidence. There are often no direct witnesses, so it becomes a case of one person’s word against another’s. However, this does not mean that the victims are believed or disbelieved across the board, nor that a conviction or acquittal automatically follows. The decisive factor is always the careful examination of the evidence, in particular the credibility of statements and possible objective evidence.

Especially in these complex and emotionally stressful proceedings, early legal support is advisable. An experienced criminal defense attorney ensures that the rights of the accused are protected, evidence is critically examined, and no premature conclusions are drawn to the detriment of the client.

German criminal law provides for increased penalties for such sexual assaults if the victim is in a relationship of dependency or trust, or if the perpetrator exploits a position of authority or care.

Groups particularly in need of protection include not only children, but also people with physical or mental disabilities, patients undergoing medical or therapeutic treatment, residents of nursing or care facilities, and prisoners. In such cases, abuse often occurs when the perpetrator exploits their professional or institutional position to perform or induce sexual acts.

Sexual abuse of children is particularly serious. The law covers not only direct sexual acts, but also situations in which a child is forced to perform sexual acts on another person or is handed over to third parties for sexual purposes. In serious cases – such as penetrative acts, repeated acts, or damage to health – lengthy prison sentences of up to fifteen years may be imposed. If the abuse leads to the death of the child, the minimum sentence is ten years.

Acts that prepare or promote sexual abuse, such as the depiction or distribution of child pornography or the promotion of sexual acts by minors, are also punishable by long prison sentences.

In practice, allegations often arise in sensitive areas where adults have a special responsibility or duty of supervision – for example, as teachers, caregivers, or coaches. In such relationships in particular, misunderstandings, misperceptions, or emotional conflicts can quickly lead to serious accusations. Even a suspicion of wrongdoing can have a lasting impact on the professional and private life of the accused.

Hiring a defense attorney does not constitute an admission of guilt but is a necessary step to protect your legal position, effectively counter false accusations, and ensure fair treatment in the proceedings. At Schlun & Elseven, our criminal defense lawyers are at your side with professional competence, discretion, and commitment.

Prostitution is generally legal in Germany and is regulated by the Prostitution Protection Act and by tax and commercial law regulations. Nevertheless, there are a number of criminal offenses related to sex work that are classified as sexual offenses under the Criminal Code.

A key area is pimping (Section 181a StGB). Anyone who exploits, controls, or impairs the self-determination of persons engaged in prostitution – for example, through surveillance, pressure, or economic dependence – is liable to prosecution. Anyone who interferes with a prostitute’s decisions or prevents them from ending their activity for their own financial gain can also be punished with a prison sentence of up to five years.

In addition, violations of state regulations on the practice of prostitution can have criminal consequences. These violations of prostitution bans under Section 184f of the German Criminal Code (StGB) concern, for example, working in restricted areas or without the required registration and health counseling.

Prostitution that endangers minors is also punishable under Section 184g StGB. Anyone who offers or facilitates sexual services in an environment where minors live or regularly spend time is liable to prosecution, regardless of whether the minors themselves are involved in prostitution.

Investigations in this area are often complex, as they are based on statements, undercover investigations, or economic interdependencies. An experienced criminal defense attorney can ensure at an early stage that evidence is critically examined, legal misunderstandings are clarified, and disproportionate measures are avoided. Schlun & Elseven Rechtsanwälte supports defendants in proceedings for pimping or other sexual offenses with expertise, discretion, and determination – from preliminary investigations to defense in court.