Sexual Offense Law

Sexual Offense Law
Criminal Defense Lawyer Munich
Attorney for Criminal Law Munich

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In German sexual criminal law, almost any unwanted physical contact is now potentially punishable.

Serious criminal offenses such as sexual assault, sexual coercion and rape are very broadly defined, so that the law and the statute must be interpreted extremely situation-specifically. All of these accusations carry a minimum prison sentence of 6 months (sexual assault) to even 2 years (rape).

When it comes to allegations of sexual abuse of children and possession of youth and child pornography, even relatively low-level border crossings are almost always punished as crimes with a minimum prison sentence of 1 year.

Particularly problematic are the now widespread tightening of penalties for borderline cases, which the legal layperson often does not associate with such serious crimes. Many of those affected therefore underestimate the very serious danger of sexual offences.

How can we help in sexual offences law?

Those affected often believe that there is a “misunderstanding” and cannot explain the allegations at all because they are firmly convinced that they have committed no wrongdoing. In sexual criminal law, nuances can often decide between impunity and criminal liability, if you just look at the vague legal boundaries and the often subjective interpretation of sexual offenses.

In addition, sexual offenses are very often a case of “one’s word against another’s word“, with the consequence that many of those affected believe that in such cases the benefit of the doubt should always be given to the accused and such cases are not even tried. Unfortunately, the exact opposite is the case!

The widespread increased penalties for borderline cases, which a legal layperson would often not associate with serious crimes, are now proving particularly problematic.

Many of those affected therefore underestimate the very serious risk of sexual offenses.

Sexual offenses

Rape – Sexual Assault

Accusations of sexual assault, sexual coercion and rape can happen to anyone. Too often accusations are not taken seriously (because, for example, one is not aware of guilt or the alleged crime occurred a long time ago). A criminal assault can occur without any violence or coercion (even rape does not legally require violence).

Even without a “no”, the behavior can be punishable, as it is supposed to depend solely on the (often ambivalent or not clearly expressed) will of the other person. Despite usually thin evidence (word against word) and frequent false accusations, sex against an alleged opposing will can result in several years in prison (without parole).

Sexual Harassment

Accusations of sexual harassment, offensive or even abusive behaviour are often made completely unexpectedly. Even trivial physical contact or subtle advances can result in serious employment, disciplinary and criminal consequences. Under the new sexual criminal law, even low-level sexual misconduct can be punished with a minimum sentence of six months’ imprisonment (sexual assault). Despite the usually thin evidence (one person’s word against another’s) and frequent false accusations, every accusation of sexual misconduct, no matter how remote it may seem, must be taken very seriously. Often the alleged behaviour is not based on malicious intent or is simply based on a misunderstanding in communication or mutual attraction.

Sexual Abuse

The mere accusation of a sexual offense is a threat to one’s existence – regardless of whether it is true or not. Abusive accusations often occur in connection with family disputes (abuse with abuse). There is a risk of witnesses being influenced in many ways – especially children – when questioned by relatives, teachers or police officers who are not trained in forensics.

Some reports are only made after many years – so allegations can be pursued up to 50 years later. Without in-depth knowledge – especially in the field of statement psychology and methodologically critical reports – an effective defense is hardly possible!

§ 184b Child Pornography

In this area, there is a quick pre-judgment when suspicious observations are made in connection with the internet connection or credit card. In this respect, it must be taken into account that download packages often contain illegal material without being recognized or are downloaded inadvertently (compressed zip files, data packages, unopened file folders).

If a lawyer intervenes early, there is a chance of avoiding a public trial and/or significantly reducing a possible sentence. Only a minority of the accused actually have paedophilic tendencies – the motive is often mere curiosity or breaking a taboo.