Sexual violence and rape

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.

Also in the human trafficking context, rape may occur as a method of coercion, control, punishment, or exploitation of the victim and constitutes sexual violence.

Find a facility for anonymous proof of evidence:

Odabs.org

We also recommend contact the helpline for getting more information:

Hilfetelefon.de

In the context of human trafficking, rape may also occur as a method of:

• Coercion
• Control
• Punishment
• Exploitation of the victim

In these cases, rape is a form of sexual violence used to maintain domination over the victim.

In Germany, rape is regulated under Section 177 of the German Criminal Code (StGB).

It covers any sexual act:

• Carried out against the recognizable will of another person, or
• Performed by exploiting a situation in which the victim is unable to resist

Since the 2016 reform (“No means no”), it is not necessary to prove physical violence — lack of consent is sufficient.

Penalties under Section 177 StGB

• The basic offence is punishable by at least 1 year imprisonment
• Rape (more serious forms involving penetration or comparable acts) carries a penalty of at least 2 years and up to 15 years, depending on the circumstances

Aggravated cases

Aggravated cases include situations such as:

• Use of weapons
• Serious violence
• Multiple offenders
• Exploitation of vulnerability
• Abuse of authority

Example:

• The victim is in prostitution, which can lead to higher minimum sentences (typically 3–5 years or more)

Most serious cases

• If the offence results in the victim’s death, Section 178 StGB applies
• This provides for a sentence of at least 10 years imprisonment or life imprisonment

Sexual offences involving minors

Sexual acts involving minors are regulated separately under Sections 176 ff. StGB:

• Absolute prohibition for children under 14
• Additional protections for 14–15-year-olds in cases of exploitation or coercion