Sexual violence and rape
Sexual violence does not always include physical coercion, and it is often hidden. Harassing physically and/or verbally, sexual comments, unwanted touch, coercion to watch pornography or sexual material, violent sex, rape, and coercion into sex are forms of sexual violence.
A distorted use of power can lead one to submit to having sex with their partner even if they do not want to. This is also the case if you agree to have sex to get peace of mind for yourself or your children or to avoid violence.
Everyone has the right to refuse sex, even in a relationship/marriage and the right to a safe and equal relationship in which there is no need to fear or experience pain. Having sex should always be based on free will and consent. Sexual violence is associated with mental and physical violence.
The age of consent in Germany is 14 years in accordance with Section 176 StGB. Sexual acts with children under the age of 14 are generally prohibited in Germany as sexual abuse of children. Any perpetrator who is at least 14 years old is criminally liable in this regard; even an attempt is punishable (see Section 12 and Section 23 StGB).
The age of consent means that children below this age are protected by law regarding their sexual self-determination. This protection also extends to cases where the sexual act does not involve force or does not fall under other criminalised sexual offences.
The age of consent covers a wide range of sexual activities, including those that could be considered sexual harassment under different circumstances.
Since 1 July 2021, the court can refrain from a punishment in accordance with Section 176 (2) StGB if the sexual act is consensual between the perpetrator and the child and the difference in age, level of development or degree of maturity is small, unless the perpetrator takes advantage of the child's lack of sexual self-determination.
Anyone, anywhere, can become a victim of rape or other sexual violence, even in a relationship or marriage. Rape is never the victim’s fault. Nothing the victim has done or said gives entitlement to a sexual act or its attempt against the victim’s wishes.
Rape and other sexual violence or attempts are not okay, even in a relationship or marriage. For example, forcing penetration or oral sex or forcefully pushing a finger or other object inside another person is sexual violence.
Sexual violence, physical or verbal, is wrong. The responsibility is always on the abuser, not the victim. There is no justification for sexual violence, i.e. it doesn't matter what the victim is wearing. Sexual acts always require mutual consent without pressure.
