Sexual assault - rape
Attorney for Criminal Law Munich
Specialist Lawyer for Criminal Law Munich

It almost always says Statement against statement

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Witnesses are rarely found in rape allegations and usually there is no physical evidence, either because the alleged victim only comes forward a long time after the crime and there are therefore no traces left.

Or existing traces can be reconciled with both versions because the suspect claims that the sexual contact was consensual.

One could therefore think that with just statement against statement there is a “stalemate situation”, after all, who should we believe? The only logical consequence should actually be a dismissal of the case or an acquittal – after all, there is not enough certainty to be able to reach a guilty verdict.

False accusations of this kind are not uncommon. The reasons for this often lie in the need for attention or even mental illnesses such as borderline, ADHD, schizophrenia or narcissistic personality disorders;
but also motives such as revenge, jealousy, career (alleged harassment by colleagues) or the distraction from one’s own misconduct (alcohol and drug consumption, truancy, poor work performance, etc.).

In addition, one does not even see oneself as being in a position to adequately defend oneself against such baseless accusations, after all, it is difficult to convincingly deny something that never happened.

As such accusations are often reported at a later time – sometimes even years later – or are only very vaguely specified in terms of time (“a warm evening last May”), there is usually no verifiable alibi, and the same applies to counter-evidence based on missing traces of the crime.

Particularly problematic: Anyone who knows their own innocence underestimates the dangerous social and legal destructive potential of sexual accusations all the more because they trust (often for too long) in the supposed objectivity of the police and the judiciary. In this case, doubts about the innocence of the accused are usually enough for the public prosecutor to bring legal charges against him!

Regardless of whether the false accusations are a planned, intelligent false accusation or whether the supposed victim is himself firmly convinced of the alleged crime due to a psychological defect: Such false statements are now proving to be extremely dangerous! Because the very characteristics that lawyers consider to be particularly credible for a victim’s testimony (self-incrimination, phenomenal descriptions such as washing after the crime, fear of giving evidence or even memory lapses due to “traumatization”) have been known to even school children for years from the media or can easily be researched! A false victim is not burdened by any real crime and therefore does not really suffer from the fears and problems giving evidence that real victims go through – but can possibly feign this very well with good preparation. Some psychological or social support organizations, in a misguided effort to provide such false victims with access to information and conversation strategies, in order to appear particularly credible and supposedly “traumatized” and thereby effectively block critical questions!

In other words: It is now easy to deliberately accuse someone of a sexual offense without telling the truth. Those who have never had any real contact with the alleged victim are, absurdly, particularly limited in their defense options due to the lack of “proof of innocence”!

It must be pointed out from the outset that the presumption of innocence also applies to sexual offenses and that the accused does not have to prove his innocence! Often, supposedly incriminating evidence (e.g. traces of semen, epithelial cells of the male genitalia or fissures of the genitals) is used by the public prosecutor as additional evidence of the truthfulness of the incriminating statement. Here the defense must make it clear that in the vast majority of cases such traces are objectively no evidence of coercion, violence or opposing will; in fact, they can almost always be explained by consensual sexual contact. But be careful: since, from a legal perspective, rape does not require violence, the absence of injuries is also not proof of consensual sex! As an accused, you should therefore not make a statement without first consulting a lawyer; even the spontaneous statement that the sex was consensual can and will be used by the public prosecutor as evidence against the accused: after all, he admitted to having had sexual intercourse with the “victim”.

If there is a misunderstanding or error with regard to incriminating witness testimony, this can rarely be easily cleared up. Most alleged victims receive a lot of (in this case misguided) confirmation from their private environment and other people who support them in accepting their own victim role, which results in a (actually unnecessary) hostile attitude towards the accused and his defence. Empathy and an experienced, targeted questioning strategy are necessary here in order to successfully uncover the misunderstanding and exonerate the accused.

In addition to misunderstandings, the more common case is completely or at least partially unconscious false accusations. In particular, through therapy, interrogations, access to files, media reports, but above all through active persuasion by third parties or even self-invented “facts”, witnesses regularly implement events into their memories that they are firmly convinced of, even though the “experience” in question never took place!

Unfortunately, the massive danger of such suggestive influences is often not perceived or taken seriously by psychological laypeople (and thus also by police officers, public prosecutors and judges!). However, it has been scientifically proven that suggestive factors and conditions, e.g. (interrogation) techniques, can regularly trigger corresponding false “experiences” or memories. Often, when the questioning is incorrect, the person conducting the questioning will give indirect instructions, for example by asking for speculation and imagination of the course of events in question, repeating questions that have already been answered, or asking for “desired” answers more frequently.

It is important in the defense strategy that in the event of a misunderstanding or an unconscious false statement, the prosecution witnesses see themselves as completely “in the right” and often display symptoms and behavior of real victims. Unconscious false statements are so dangerous precisely because the person giving the statement is not even aware that their description is objectively untrue; on the contrary, they often appear particularly credible and authentic! Here, the defense must analyze every weakness in the statement and use a skillful questioning technique to raise the doubts that are objectively necessary in court.

If, on the other hand, both a misunderstanding and an unconscious false statement can be ruled out, then this is an intentional false statement and therefore a criminal false accusation. A false victim is not burdened by any real crime and is therefore not really subject to the fears and problems in making statements that real victims, or at least those who believe they are, go through – but can possibly simulate this very well with good preparation. Unfortunately, some psychological or social support organizations, in misguided care, offer false victims access to information and conversation strategies so that they can credibly appear as if they are “traumatized” and can thereby effectively block critical questions if necessary! In addition, good liars often use numerous real elements as the basis for their false statements. In the case of false testimony, real negative feelings against the accused (e.g. because of cheating, rejection, gross rudeness or other non-punishable behavior) can also be used to credibly portray the (emotional) victim role.

In short: The task of the defense in every conscious and unconscious false accusation is not to be impressed by a supposedly convincing or at least melodramatic witness performance, but to ensure that the court turns its attention to the real facts, not the emotions!

Because there is no scientific evidence to show that a crying or otherwise emotional witness is more likely to tell the truth. Often, however, the phenomenon of so-called anticipated typification leads to “victim witnesses” being indiscriminately classified as such by police officers, public prosecutors and even judges. Added to this is the so-called anchoring effect, which unconsciously causes investigators and the judiciary to give greater weight to already known incriminating information than to potentially exonerating findings. All of this is reinforced by the so-called “shoulder-to-shoulder effect”: This arises when the public prosecutor, who is usually known to the court and is required by law to remain neutral, brings the case, and the court sometimes uncritically and unreservedly accepts the judgement of the prosecutor’s prejudicial accusation.

This often leads to incriminating statements made by the alleged victim being uncritically and without taking into account their overall relevance to the charge, giving the impression of particular “credibility”, although in fact only that part of the statement that relates to disputed aspects is really significant – because only this part of the statement would have had to be constructed by the witness if it were incorrect. The consequence: the court almost always frequently overestimates the quality of the content of the statement made by the “victim witness” if the defendant’s lawyer does not counteract this development by asking decisive and critical questions.

The defense must constantly actively fight against existing prejudices in the court, which lead to a negative assessment of the client that is actually not necessary: ​​Individual human behavior cannot be summed up in general terms of experience, and in case of doubt, the presumption of innocence must apply, especially in sexual offenses.

A verdict based solely on the subjective impression of the respective judge or his purely intuitive assessment based on a “gut feeling” contradicts the constitutionally anchored requirement of rationally justified and fact-based evidence. Because even if no one can escape the influence of their own personal impression, the personal certainty of the judge required for conviction must allow the conclusion for objective and rational reasons that the events established are highly likely to correspond to reality. The defense must therefore fight for acquittal with commitment and full dedication in objective cases of doubt!

Finally, the (initial) consultation in criminal law also serves as a basis for deciding whether the lawyer called is “the right one”, be it in terms of competence and experience or in terms of interpersonal “chemistry”.

Our firm’s spectrum therefore includes offering those seeking legal advice comprehensive (initial) consultation in criminal law. On this basis, we want to provide you with the basis for making a decision, to weigh up a possible further assignment or to be able to estimate how the respective chances of success of engaging a lawyer should be assessed.

Bring all case-related documents with you to the initial consultation, in particular letters from the judiciary or the police: e.g. indictment, penal order, summons for questioning, search warrant, arrest warrant (for relatives) and records. If possible, outline the facts in advance as they occurred from your point of view. The lawyer and his employees are also legally obliged to maintain absolute confidentiality during the initial consultation!

The most objective assessment of the case can only be guaranteed if the lawyer is as fully informed as possible (especially if he is not yet familiar with the investigation file).

Precisely because criminal proceedings provide for such a wide range of possible scenarios and, above all, great scope for discretion, the lawyer’s competence and experience are essential – similar to that of a doctor. In criminal law, success therefore depends on the choice of lawyer. Hardly any other area of ​​law has as many different consequences and variants of the termination of proceedings as criminal law.

The consequences of criminal proceedings or even a conviction are serious in individual cases: there is a risk of long-term entries in the certificate of good conduct and official databases, loss of driving, business and other reliability-related permits as well as problems with work and entry into other countries such as the USA.

There is hardly any other area of ​​law in which the outcome can be set as decisively by competent legal representation as in criminal law!

Acquittal defense in the case of inaccurate accusations

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In addition to the special opportunities and risks of the defense in the constellation of “statement against statement” (see above), the defense strategy in the case of false accusations must focus from the outset on the personality and motives of the (alleged) victim. A central question is: What was the trigger for the report?

An important point for a successful defense against false accusations is to clarify whether the complaint is a planned lie, a misconduct that is subjectively remembered as true but objectively incorrect, a “white lie” due to social pressure to justify itself, or the result of intensive influence. It is not uncommon for it to be a combination of all of these factors, almost always combined with the fatal attitude that the accused “deserves” punishment – the latter often on the basis of events that are not punishable but are perceived as insulting or morally reprehensible.

The “victim” (often in the role of the co-plaintiff) of course has – just like the accused – a primary interest in the outcome of the proceedings, even if it is just that they are believed. Anyone who is personally affected cannot be a neutral observer and in their “party role” is not free from the motivation to understate or exaggerate, to omit something, to add something false or even to lie blatantly.

Accusation completely fictitious

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In the “classic” false accusation, the entire accusation of sexual misconduct is fictitious. In extreme cases, the accused does not know the alleged victim at all or only briefly, but in any case the reported sexual allegations never occurred!

Nevertheless, such allegations can prove to be extremely dangerous, especially if the alleged victim does not appear to have any discernible motive for making a false accusation! The law enforcement authorities almost never find any evidence to exonerate the accused, and unfortunately they often follow the “killer argument”: “Why would a victim make something like that up?“

False accusations of this kind are not uncommon. The reasons for this often lie in the need for attention or even mental illnesses such as borderline, ADHD, schizophrenia or narcissistic personality disorders;
but also motives such as revenge, jealousy, career (alleged harassment by colleagues) or distraction from one’s own misconduct (alcohol and drug consumption, truancy, poor work performance, etc.).

In addition, one does not even see oneself as being in a position to adequately defend oneself against such baseless accusations, after all, it is difficult to convincingly deny something that never happened.

As such accusations are often reported at a later time – sometimes even years later – or are only very vaguely specified in terms of time (“a warm evening last May”), there is usually no verifiable alibi, and the same applies to counter-evidence based on missing traces of the crime.

Particularly problematic: Anyone who knows their own innocence underestimates the dangerous social and legal destructive potential of sexual accusations all the more because they trust (often for too long) in the supposed objectivity of the police and the judiciary. In this case, doubts about the innocence of the accused are usually enough for the public prosecutor to bring legal charges against him!

Regardless of whether the false accusations are a planned, intelligent false accusation or whether the supposed victim is himself firmly convinced of the alleged crime due to a psychological defect: Such false statements are now proving to be extremely dangerous! Because the very characteristics that lawyers consider to be particularly credible for a victim’s testimony (self-incrimination, phenomenal descriptions such as washing after the crime, fear of giving evidence or even memory lapses due to “traumatization”) have been known to even school children for years from the media or can easily be researched! A false victim is not burdened by any real crime and therefore does not really suffer from the fears and problems giving evidence that real victims go through – but can possibly feign this very well with good preparation. Some psychological or social support organizations, in a misguided effort to provide such false victims with access to information and conversation strategies, in order to appear particularly credible and supposedly “traumatized” and thereby effectively block critical questions!

In other words: It is now easy to deliberately accuse someone of a sexual offense without telling the truth. Those who have never had any real contact with the alleged victim are, absurdly, particularly limited in their defense options due to the lack of “proof of innocence”!

It must be pointed out from the outset that the presumption of innocence also applies to sexual offenses and that the accused does not have to prove his innocence! Often, supposedly incriminating evidence (e.g. traces of semen, epithelial cells of the male genitalia or fissures of the genitals) is used by the public prosecutor as additional evidence of the truthfulness of the incriminating statement. Here the defense must make it clear that in the vast majority of cases such traces are objectively no evidence of coercion, violence or opposing will; in fact, they can almost always be explained by consensual sexual contact. But be careful: since, from a legal perspective, rape does not require violence, the absence of injuries is also not proof of consensual sex! As an accused, you should therefore not make a statement without first consulting a lawyer; even the spontaneous statement that the sex was consensual can and will be used by the public prosecutor as evidence against the accused: after all, he admitted to having had sexual intercourse with the “victim”.

If there is a misunderstanding or error with regard to incriminating witness testimony, this can rarely be easily cleared up. Most alleged victims receive a lot of (in this case misguided) confirmation from their private environment and other people who support them in accepting their own victim role, which results in a (actually unnecessary) hostile attitude towards the accused and his defence. Empathy and an experienced, targeted questioning strategy are necessary here in order to successfully uncover the misunderstanding and exonerate the accused.

In addition to misunderstandings, the more common case is completely or at least partially unconscious false accusations. In particular, through therapy, interrogations, access to files, media reports, but above all through active persuasion by third parties or even self-invented “facts”, witnesses regularly implement events into their memories that they are firmly convinced of, even though the “experience” in question never took place!

Unfortunately, the massive danger of such suggestive influences is often not perceived or taken seriously by psychological laypeople (and thus also by police officers, public prosecutors and judges!). However, it has been scientifically proven that suggestive factors and conditions, e.g. (interrogation) techniques, can regularly trigger corresponding false “experiences” or memories. Often, when the questioning is incorrect, the person conducting the questioning will give indirect instructions, for example by asking for speculation and imagination of the course of events in question, repeating questions that have already been answered, or asking for “desired” answers more frequently.

It is important in the defense strategy that in the event of a misunderstanding or an unconscious false statement, the prosecution witnesses see themselves as completely “in the right” and often display symptoms and behavior of real victims. Unconscious false statements are so dangerous precisely because the person giving the statement is not even aware that their description is objectively untrue; on the contrary, they often appear particularly credible and authentic! Here, the defense must analyze every weakness in the statement and use a skillful questioning technique to raise the doubts that are objectively necessary in court.

If, on the other hand, both a misunderstanding and an unconscious false statement can be ruled out, then this is an intentional false statement and therefore a criminal false accusation. A false victim is not burdened by any real crime and is therefore not really subject to the fears and problems in making statements that real victims, or at least those who believe they are, go through – but can possibly simulate this very well with good preparation. Unfortunately, some psychological or social support organizations, in misguided care, offer false victims access to information and conversation strategies so that they can credibly appear as if they are “traumatized” and can thereby effectively block critical questions if necessary! In addition, good liars often use numerous real elements as the basis for their false statements. In the case of false testimony, real negative feelings against the accused (e.g. because of cheating, rejection, gross rudeness or other non-punishable behavior) can also be used to credibly portray the (emotional) victim role.

In short: The task of the defense in every conscious and unconscious false accusation is not to be impressed by a supposedly convincing or at least melodramatic witness performance, but to ensure that the court turns its attention to the real facts, not the emotions!

Because there is no scientific evidence to show that a crying or otherwise emotional witness is more likely to tell the truth. Often, however, the phenomenon of so-called anticipated typification leads to “victim witnesses” being indiscriminately classified as such by police officers, public prosecutors and even judges. Added to this is the so-called anchoring effect, which unconsciously causes investigators and the judiciary to give greater weight to already known incriminating information than to potentially exonerating findings. All of this is reinforced by the so-called “shoulder-to-shoulder effect”: This arises when the public prosecutor, who is usually known to the court and is required by law to remain neutral, brings the case, and the court sometimes uncritically and unreservedly accepts the judgement of the prosecutor’s prejudicial accusation.

This often leads to incriminating statements made by the alleged victim being uncritically and without taking into account their overall relevance to the charge, giving the impression of particular “credibility”, although in fact only that part of the statement that relates to disputed aspects is really significant – because only this part of the statement would have had to be constructed by the witness if it were incorrect. The consequence: the court almost always frequently overestimates the quality of the content of the statement made by the “victim witness” if the defendant’s lawyer does not counteract this development by asking decisive and critical questions.

The defense must constantly actively fight against existing prejudices in the court, which lead to a negative assessment of the client that is actually not necessary: ​​Individual human behavior cannot be summed up in general terms of experience, and in case of doubt, the presumption of innocence must apply, especially in sexual offenses.

A verdict based solely on the subjective impression of the respective judge or his purely intuitive assessment based on a “gut feeling” contradicts the constitutionally anchored requirement of rationally justified and fact-based evidence. Because even if no one can escape the influence of their own personal impression, the personal certainty of the judge required for conviction must allow the conclusion for objective and rational reasons that the events established are highly likely to correspond to reality. The defense must therefore fight for acquittal with commitment and full dedication in objective cases of doubt!

Finally, the (initial) consultation in criminal law also serves as a basis for deciding whether the lawyer called is “the right one”, be it in terms of competence and experience or in terms of interpersonal “chemistry”.

Our firm’s spectrum therefore includes offering those seeking legal advice comprehensive (initial) consultation in criminal law. On this basis, we want to provide you with the basis for making a decision, to weigh up a possible further assignment or to be able to estimate how the respective chances of success of engaging a lawyer should be assessed.

Bring all case-related documents with you to the initial consultation, in particular letters from the judiciary or the police: e.g. indictment, penal order, summons for questioning, search warrant, arrest warrant (for relatives) and records. If possible, outline the facts in advance as they occurred from your point of view. The lawyer and his employees are also legally obliged to maintain absolute confidentiality during the initial consultation!

The most objective assessment of the case can only be guaranteed if the lawyer is as fully informed as possible (especially if he is not yet familiar with the investigation file).

Precisely because criminal proceedings provide for such a wide range of possible scenarios and, above all, great scope for discretion, the lawyer’s competence and experience are essential – similar to that of a doctor. In criminal law, success therefore depends on the choice of lawyer. Hardly any other area of ​​law has as many different consequences and variants of the termination of proceedings as criminal law.

The consequences of criminal proceedings or even a conviction are serious in individual cases: there is a risk of long-term entries in the certificate of good conduct and official databases, loss of driving, business and other reliability-related permits as well as problems with work and entry into other countries such as the USA.

There is hardly any other area of ​​law in which the course of the outcome can be set as decisively by competent legal representation as in criminal law!

The reported act was consensual

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If sexual allegations are made that are based on consensual events, this is referred to as a “subjective” false accusation.

The sexual acts that actually took place are described by the alleged victim of the crime in a basically accurate manner, but afterwards it is suddenly claimed that this was against the will, i.e. not consensual. In extreme cases, the entire story is correct down to the last detail, but an alleged negative statement or defensive action is made up.

These allegations are to be taken very seriously, as the alleged victim bases his description on an undisputed event and only a few details deviate from the consensual. The problem is that lawyers want to judge the credibility of a witness statement primarily on its level of detail, a level of detail that can be 95% consistent with unwanted sex in the case of consensual sex! This phenomenon is all too familiar from everyday life: The best liars build their story as close to the truth as possible.
What makes things even more difficult is that under current law, even a barely audible “Stop!” is enough to make it sound. during consensual sex can be enough to justify a conviction for rape. At the same time, it does not require outstanding lying skills to incorporate this detail into the description of an otherwise true event.

In these cases, it is a classic case of “word against word” – there are two descriptions of the alleged crime that differ in only a few details. As long as both parties involved stick to their version, a clarification without further evidence actually seems impossible.

But be careful! If the alleged victim seems particularly “credible” or “traumatized”, the law enforcement authorities often quickly show solidarity with the alleged victim – and charges of rape are brought, and in the worst case even pre-trial detention is ordered!

Too often, the numerous causes of objectively false accusations are still underestimated: In false accusations, motives such as revenge, jealousy or career play a major role, often combined with external pressure to justify – for example after morally reprehensible behavior such as cheating, sex with a boss, excessive alcohol consumption, etc.
A not insignificant proportion of subjective false accusations are based primarily on mental illnesses (particularly borderline, ADHD, schizophrenia or narcissistic personality disorder). Those affected subjectively perceive the events completely differently or are subject to autosuggestive induced false memories. The problem is that the false victim witnesses in these cases often believe in the alleged crime themselves and therefore appear particularly credible and authentic (especially when they undergo psychological therapy).

But even in mentally healthy people, false accusations often only arise through subsequent reinterpretation of events or false memories induced by external suggestions (so-called discovery work). Particularly in cases of poor memory due to alcohol, drugs or lack of sleep (often a combination of these factors), the “clarifying” conversation with accusatory parents, worried friends, cheated partners, reprimanding employers or committed police officers often leads to an escape into the role of victim in order to avoid having to take responsibility for sexual encounters that are perceived as particularly embarrassing and shameful.

But once a complaint has been made, there is no honourable way out for the alleged victim, but only a “flight forward” up to the conviction of the wrongly accused!

Finally, the (initial) consultation in criminal law also serves as a basis for deciding whether the lawyer you have called is “the right one”, be it in terms of competence and experience or also in terms of interpersonal “chemistry”.

The spectrum of our law firm therefore includes offering legal seekers comprehensive (initial) consultation in criminal law. On this basis, we want to provide you with the basis for making a decision, to weigh up a possible further assignment or to be able to assess how the respective prospects of success of engaging a lawyer should be assessed.

Bring all case-related documents with you to the initial consultation, in particular letters from the judiciary or the police: e.g. indictment, penal order, summons for questioning, search warrant, arrest warrant (for relatives) and records. If possible, outline the facts in advance as they happened from your point of view. The lawyer and his employees are legally obliged to maintain absolute confidentiality even during the initial consultation!
An assessment of the case that is as objective as possible can only be guaranteed if the lawyer is as fully informed as possible (especially if he is not yet familiar with the investigation file).

Precisely because criminal proceedings provide for such a wide range of possible scenarios and, above all, great discretion, the lawyer’s competence and experience are essential – similar to that of a doctor. In criminal law, success depends on the choice of lawyer. Hardly any other area of ​​law has as many different consequences and variants of the termination of proceedings as criminal law.

The consequences of criminal proceedings or even a conviction can be serious in individual cases: there is a risk of long-term entries in the certificate of good conduct and official databases, loss of driving, business and other reliability-related permits, as well as problems with work and entry into other countries such as the USA.

There is hardly any other area of ​​law in which the course of the outcome can be set as decisively by competent legal representation as in criminal law!

No reprehensible behavior

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In cases in which the alleged victim “feels” sexually assaulted, but the accused either did not recognize this or intended it, the alleged victim describes the truth, but the accused, in turn, has not committed a criminal offense through his behavior. These are often misunderstandings, often caused by misguided communication, but sometimes also purely moral but non-punishable misconduct.

Due to the numerous sources of error for misunderstandings and strongly differing personal moral and boundary ideas in the interpersonal sphere, this group of cases represents by far the largest number of criminal proceedings. The basis for prosecution is either incorrect conclusions drawn by the victim or the law enforcement authorities, different individual boundaries for “still acceptable” behavior and sometimes simply the desire to punish what is supposedly “offensive.” Classic cases include alleged “harassment” in the workplace where returned compliments are misunderstood, failed attempts at approaching someone in an initially friendly mood, crude sexist jokes or “tests of courage”, but most frequently alleged rapes after boozy evenings of partying that began with mutual advances.

Even if the accused in these cases has not committed any crime, the danger of such accusations should not be underestimated! The police and public prosecutor’s office often start a complex criminal investigation in which acquaintances, work colleagues and other people from the environment of the accused and the alleged victim are questioned. The accusation of a sexually connotated crime can prove to be socially and professionally devastating.

Conversely, however, there can also be considerable proof problems on the part of the accused, especially if – as is often the case in sexual criminal law – there were previous advances, mutual interest or other sexual approaches, but this cannot be proven – because it is one’s word against another’s and the other person denies it, perceived it differently or misunderstood it!

It should not be underestimated that even relatively “harmless” accusations of sexual misconduct can lead to considerable professional problems. For example, purely verbal sexual harassment, e.g. through sexist jokes or suggestive catcalling, is not (yet) a criminal offense, so at least there is no risk of prison sentences or long-term entries in a criminal record. The situation is different, however, when it comes to the threatening employment law consequences: Even behavior that is neutral under criminal law can have serious consequences at work, and often the mere accusation is enough for a hasty “dismissal on suspicion”.

Cases in which the alleged victim, after extensive alcohol or drug consumption, claims that she was raped while unable to resist, based on false conclusions, have become extremely problematic. Complete or partial loss of memory of the night of drinking – combined with alleged “symptoms” such as, for example, B. headaches and balance problems as well as supposed “indicators” such as waking up in the accused’s bed – sometimes leading to the serious misconception that there has been a sexual assault or that the sex was not consensual.

Alcohol or drug-related memory lapses are almost always explained by the alleged use of “knockout drops”. Experience shows that, contrary to exaggerated reports, most of the supposed victims of knockout drops were simply very drunk. Nevertheless, such (false) accusations often lead to a premature prosecution!

Finally, the (initial) consultation in criminal law also serves as a basis for deciding whether the lawyer called is “the right one”, be it in terms of competence and experience or in terms of interpersonal “chemistry”.

Our law firm’s spectrum therefore includes offering those seeking legal advice comprehensive (initial) consultation in criminal law. On this basis, we want to provide you with the basis for making a decision, to weigh up a possible further assignment or to be able to estimate how the respective prospects of success of engaging a lawyer should be assessed.

Bring all case-related documents with you to the initial consultation, in particular letters from the judiciary or the police: e.g. indictment, penal order, summons for questioning, search warrant, arrest warrant (for relatives) and records. If possible, outline the facts in advance as they occurred from your point of view. The lawyer and his employees are legally obliged to maintain absolute confidentiality even during the initial consultation!
The most objective assessment of the case can only be guaranteed if the lawyer is as fully informed as possible (especially if he is not yet familiar with the investigation file).

Precisely because criminal proceedings provide for such a wide range of possible scenarios and, above all, a great deal of discretion, the lawyer’s competence and experience are essential – similar to that of a doctor. In criminal law, success depends on the choice of lawyer. Hardly any other area of ​​law has as many different consequences and variants of the termination of proceedings as criminal law.

The consequences of criminal proceedings or even a conviction can be serious in individual cases: there is a risk of long-term entries in the certificate of good conduct and official databases, loss of driving, business and other reliability-related permits, as well as problems with work and entry into other countries such as the USA.

In hardly any other area of ​​law can the course for the outcome be set as decisively by competent legal representation as in criminal law!

Sentence defense in the case of admitted misconduct

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After numerous “reforms” over the last few years, even relatively “low-threshold” sexual offenses now face high minimum sentences and long-term entries in the criminal record. Certificate of good conduct. In the case of rape, a suspended sentence is only possible if the minimum sentence of 2 years can be reduced due to special mitigating circumstances.

An immensely relevant reason for mitigating a sentence in sexual criminal law is the so-called “offender-victim mediation“. For this, the offender must take serious responsibility for what happened and strive for a “communicative process” with the victim – usually through a confession, combined with an appropriate payment of compensation. Through a successful offender-victim mediation, the minimum sentence for rape is reduced from 2 years to “only” 6 months imprisonment; in the case of sexual assault, a mild fine is even possible instead of a minimum prison sentence of 6 months.

An early and comprehensive confession can also spare the victim from burdensome and humiliating evidence gathering, particularly extensive confrontational questioning and medical or psychiatric examinations, which is almost always rewarded by the courts with a further generous reduction in sentence. For offenders with no (significant) previous convictions, a confession can almost always result in a suspended sentence!

In addition to the threat of a prison sentence, a deal with the public prosecutor and the court can in many cases also avoid a lengthy and media-effective public trial. In less serious cases, a conviction by (written) penal order can be agreed, so that the person affected does not have to appear in court at all!

In the case of mild allegations such as sexual harassment, if there is genuine remorse, the public prosecutor can even agree to discontinue proceedings – without any entry in the criminal record.

It can therefore be “worthwhile” for the perpetrator to own up to his crime and take responsibility towards the victim. In addition to the better and, above all, calculable criminal consequences, a victim-offender settlement can also make a significant contribution to pacifying a conflict-ridden life situation – particularly in the circle of family, friends, acquaintances or colleagues, it can also bring about real reconciliation and forgiveness.

However, you should under no circumstances try to act as a lawyer on your own behalf! Contacting the victim by the accused – no matter how well-intentioned – is prohibited and in the worst case can even lead to an arrest warrant due to an alleged “risk of obscuration” (threat of influencing witnesses)! The public prosecutor’s office and courts also have a lot of leeway when it comes to sentencing, and a supposedly “generous” early offer from the judiciary can ultimately turn out to be a big mistake. Any negotiations with the judiciary or the private prosecution should therefore be conducted by a lawyer experienced in sexual crimes law in order to ensure the best possible result.

Finally, the (initial) consultation in criminal law also serves as a basis for deciding whether the lawyer you have called is “the right one”, be it in terms of competence and experience or also in terms of interpersonal “chemistry”.

The spectrum of our law firm therefore includes offering legal seekers comprehensive (initial) consultation in criminal law. On this basis, we want to provide you with the basis for making a decision, to weigh up a possible further assignment or to be able to assess how the respective prospects of success of engaging a lawyer should be assessed.

Bring all case-related documents with you to the initial consultation, in particular letters from the judiciary or the police: e.g. indictment, penal order, summons for questioning, search warrant, arrest warrant (for relatives) and records. If possible, outline the facts in advance as they happened from your point of view. The lawyer and his employees are legally obliged to maintain absolute confidentiality even during the initial consultation!
An assessment of the case that is as objective as possible can only be guaranteed if the lawyer is as fully informed as possible (especially if he is not yet familiar with the investigation file).

Precisely because criminal proceedings provide for such a wide range of possible scenarios and, above all, great discretion, the lawyer’s competence and experience are essential – similar to that of a doctor. In criminal law, success depends on the choice of lawyer. Hardly any other area of ​​law has as many different consequences and variants of the termination of proceedings as criminal law.

The consequences of criminal proceedings or even a conviction can be serious in individual cases: there is a risk of long-term entries in the certificate of good conduct and official databases, loss of driving, business and other reliability-related permits, as well as problems with work and entry into other countries such as the USA.

In hardly any other area of ​​law can the course for the outcome be set as decisively by competent legal representation as in criminal law!

Sexual assault (no means no)

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According to the new legal situation, all sexual acts that are carried out against the “recognizable” will of the other person are punishable (§ 177 para. 1 StGB).
This formulation was intended to implement the principle “No means no!” by law. This has failed miserably! Because according to the law, the “opposing” will should be determined from the perspective of an “objective third party”.

An opposing will is therefore recognizable when
– the other person expressly declares their refusal
– the other person resists, resists or cries
– the refusal is otherwise unmistakably evident from the situation.

The interpretation of the “recognizably” opposing will from the perspective of the “objective observer” may be simple in the case of clear reactions, but in more complex constellations it requires a lot of interpretation – if not impossible.

Objectivity quickly reaches its limits in the area of ​​sexuality, as the individual attitudes and preferences of the assessors can lead to completely different assessments.
A conclusion such as: “Under these circumstances, he/she cannot have wanted that” is highly susceptible to subjective coloring.
For example, what happens if
– the other person signals their rejection with words (“I don’t want that”), but at the same time returns affection?
– the other person does not communicate at all, signals neither rejection nor consent, and basically “puts up with” the sex?
– specific sexual practices are common between the people or should be tried out, but the situation “goes off the rails”?

It is precisely ambivalent / contradictory behavior on the part of the alleged victim that leads to major problems in practice. How does the court draw the line in such cases when the alleged opposing will – as is so often the case – was not clearly expressed, but can only be inferred from supposedly recognizable behavior?

If the victim cries and resists the sexual act or the use of violence, the case still seems clear. But what if the victim actively participates and the overall behavior therefore does not signal a clear rejection? If the allegedly injured person visits the “perpetrator” in his hotel room, lies naked in bed with him and / or unpacks condoms he brought with him?

It can also be doubtful whether a “no” in an individual case really meant a strict rejection if the person later participates very actively and does not just passively endure the other person’s sexual acts. For example, in relationships or affairs, an initial “no” does not necessarily have to be serious and does not mean a final rejection – especially if it was previously customary between those involved to “get each other in the mood”.

The formula “no means no!” may generally provide guidance, but nevertheless a “no” in criminal law only means “no” if it is serious.

Even from these few examples, one can see that, regardless of whether the lawyer is representing the accused or the victim, the lawyer must keep an eye on the complex and confusing legal situation and individual case law from the outset.

The gathering of evidence must therefore inevitably focus heavily on the behavior of the (real or alleged) victim, because only from this can the lack of consent be deduced.

In addition, the external circumstances also become important. The more the circumstances of the situation make consent seem obvious from an objective point of view, the less one can assume an “objectively opposing will” – and vice versa. In this context, the relationship between the suspect and the alleged victim is of course also important. In order for a crime to be committed, not only the “objective observer” but also the alleged perpetrator himself must assume that the alleged victim does not consent to the sexual act – or at least recognize this possibility and “accept it” when committing the crime. The reason for the ignorance is not even important, nor is it whether this was avoidable (alcohol) or based on morally “convincing” grounds (foreigner). The law does not provide for criminal liability for negligent action.

If an accused person credibly states that he misunderstood the communication, he cannot be punished.

The risk of a wrongful conviction is extremely high at this point. The wording of the law basically allows the interpretation that the perpetrator only has to have recognized the circumstances from which the “objective observer” drew the “correct” conclusions, unlike him. Moreover, it is very conceivable that the judge, who considers the opposing will to be objectively recognizable, will simply not believe the defendant if he claims not to have recognized it. In this respect, the way in which you are advised and supported by a lawyer is crucial!

After all, the (initial) consultation in criminal law also serves as a basis for deciding whether the lawyer you have called is “the right one”, be it in terms of competence and experience or in terms of interpersonal “chemistry”.

Our firm’s spectrum therefore includes offering those seeking legal advice comprehensive (initial) consultation in criminal law. On this basis, we want to provide you with the basis for making a decision, weigh up a possible further assignment or be able to estimate how the respective prospects of success of engaging a lawyer should be assessed.

Bring all case-related documents with you to the initial consultation, especially letters from the judiciary or the police: e.g. indictment, penal order, summons for questioning, search warrant, arrest warrant (for relatives) and records. If possible, outline the facts in advance as they occurred from your point of view. The lawyer and his employees are legally obliged to maintain absolute confidentiality even during the initial consultation!

The most objective assessment of the case can only be guaranteed if the lawyer is as fully informed as possible (especially if he does not yet know the investigation file).

Precisely because criminal proceedings provide for such a wide range of possible scenarios and, above all, great scope for discretion, the lawyer’s competence and experience are essential – similar to that of a doctor. In criminal law, success depends on the choice of lawyer. Hardly any other area of ​​law has as many different consequences and variants of the termination of proceedings as criminal law.

The consequences of criminal proceedings or even a conviction are serious in individual cases: there is a risk of long-term entries in the certificate of good conduct and official databases, loss of driving, business and other reliability-related permits, as well as problems with work and entry into other countries such as the USA.

In hardly any other area of ​​law can the course for the outcome be set as decisively by competent legal representation as in criminal law!

Taking advantage of limited resistance (yes means yes)

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In addition to sexual assault (§ 177 para. 1 StGB), cases in which the victim is only partially able to resist unwanted sexual acts by the perpetrator are also punishable (§ 177 para. 2 StGB).

The law creates groups of cases in which a person can commit a criminal offence even if an “objective observer” cannot recognise any opposing will on the part of the victim (Section 177, Paragraph 2, Nos. 1 to 4 of the Criminal Code).

Case 1: Inability to resist (Section 177, Paragraph 2, No. 1 of the Criminal Code)
The abuse of a person unable to resist, previously regulated in Section 179 of the Criminal Code, covers all cases in which the victim is not even able to form or express an opposing will.
This is obviously the case with unconscious people, sleepers and people under the heavy influence of alcohol or drugs. It is irrelevant for criminal liability whether the victim was put in such a situation by the perpetrator or whether the perpetrator found the victim in this state already or whether the victim even voluntarily put themselves in this situation.

In practice, victims often claim complete or partial memory lapses. It is not uncommon for the accused to make the victim submissive with so-called “knockout drops”. Due to the very short time it takes to prove this, this claim can usually neither be confirmed nor refuted by forensic examination methods.

Conversely, the description of the person’s behavior can be used to determine whether the “blackout” is due to alcohol or other causes, and whether the person was really unable to resist according to legal criteria or not, and whether this was even recognizable by the accused.

It is true that intentionally exploiting the inability to resist induced by alcohol consumption for the purpose of carrying out sexual acts is also punishable; However, unlike knockout drops, this cannot be concluded without further ado, especially if the accused was heavily intoxicated himself and the alleged or supposed victim actively responded to the advances or even initiated them himself.

Case 2: Limited ability to resist (Section 177, Paragraph 2, No. 2 of the Criminal Code)
Anyone who “exploits” the fact that the other person is “significantly limited” in the formation or expression of their will when carrying out the sexual act is also committing a criminal offense. This should not apply if one has previously “assured” the consent of this person.
At what point the impairment reaches the level of “significantly” limited formation of will has not yet been clarified at all.
This should include people with significant intellectual impairment or people who are very drunk, but whose level of drunkenness does not completely exclude the ability to form or express their will.
In the case of drunk people in particular, extreme difficulties arise in proving this. There is in fact no science that makes a distinction between the forms of will formation used by the legislator, because there is simply no indication of when the formation of will would be a little, a little more, significantly or strongly restricted and how one can recognize this as an alleged perpetrator (who is often drunk himself).

These proof problems also apply in particular to the requirement of “assurance of consent”. According to the wording of the law, even the actual consent of the protected person is not enough to be allowed to perform sexual acts on them. Instead, the person acting must “assurance” of consent. It is therefore not even sufficient if the person only explains afterwards that they wanted it all that way.

Case 3: Taking advantage of a “moment of surprise” (Section 177, Paragraph 2, No. 3 of the Criminal Code)
Anyone who takes advantage of a moment of surprise to perform sexual acts on another person is also committing a criminal offense since 2016. The regulation is intended in particular to enable severe punishment of very aggressive gropers who suddenly reach into the victim’s most intimate area in public, as happened on “New Year’s Eve in Cologne” in 2015/2016. The regulation is intended to close another “gap”, namely when the perpetrator acts so quickly and unexpectedly that the sexual act has already taken place when the victim registers the incident and it is therefore already too late for an expression of will to the contrary.

That may seem plausible in such cases, but this regulation is also formulated in such broad terms that even behavior that is considered “normal” by the majority of society carries the risk of severe punishment. The wording of the regulation would also cover the stormy greeting of a partner who might not be in the mood – the criminal liability would then already have arisen through this “surprising” act.

Even a “courageous” first kiss after a romantic dinner could theoretically result in severe punishments, since a negative reaction is also quite conceivable. The cynical argument that no one would report something like that is not convincing: the absurdly long statute of limitations for sexual offenses, sometimes more than 30 years even for “minor cases,” is likely to last far longer than the average relationship. It remains to be seen how the justice system will deal with such “acts of revenge” in the future. In any case, the situation remains here, which is hardly tolerable from a constitutional point of view, that criminal prosecution is effectively left to the moral discretion of the judiciary.

Case 4: Taking advantage of a threat of a serious “evil” in the event of resistance (Section 177, Paragraph 2, No. 4 of the Criminal Code)
Anyone who takes advantage of a situation in which the victim is threatened with a serious evil in the event of resistance is committing a criminal offense; in other words, who exploits the victim’s fear of a serious evil.

The evil feared by the victim is not specified in more detail. However, it must obviously be capable of causing the person who feels threatened to engage in the desired (sexual) behavior in the specific situation.

What ultimately constitutes a serious evil can only be interpreted on the basis of the existing case law on general coercion (Section 240 of the Criminal Code), thus opening up further considerable scope for the prosecution.
Examples of serious evils that have been considered in case law so far include: preventing a heating oil delivery, long-term noise terror, not assigning a dissertation topic, sending someone out into the rain without an umbrella. Social disadvantages of any kind must also be taken into account, such as the fear of losing a partner, memberships, job, etc. if one refuses. It should also be irrelevant whether the occurrence of the feared evil is legally permitted. Anyone who visits an illegal prostitute and exploits her fear of deportation should also be committing an offense.

This would mean that life itself would be defined as a dangerous situation, because every person is always in a situation in which some kind of evil could threaten them if they resist. A threat should not even be necessary; the criminal exploitation by carrying out the sexual acts should be sufficient. According to the wording of the law, the perpetrator does not have to explicitly threaten the evil feared by the victim. Rather, the victim’s perspective should be decisive. Whether the perpetrator can or wants to put the feared evil into action is irrelevant.

As a result, the defense will have to point out that the general risk to life of any potentially threatening undesirable disadvantage in the event of rejection cannot be sufficient.

Important:
In all of the above-mentioned groups of cases, in order to be punishable under Section 177 Paragraph 2 Numbers 1 to 4 of the Criminal Code, it is always necessary that the perpetrator consciously exploits the victim’s situation. This is an additional requirement that must be established according to objective criteria if the accused denies it.

The so-called “exploitation” will, for example, be denied if the “victim” had previously consented to sexual contact in a “defect-free” state during joint drug or alcohol consumption and/or consensual sexual acts that began sober are only continued under the influence of alcohol. In this case, the suspect is not exploiting the victim’s limitations, but can rely on a defect-free decision-making process in a sober state.
The same applies to exploiting a moment of surprise if the suspect lives with the person in a steady relationship or has already had previous sexual contact and assumes that the sexual acts would have been consented to even without the element of surprise. Even then, at least the exploitation element of the sexual assault will usually be denied.

Finally, the (initial) consultation in criminal law also serves as a basis for deciding whether the lawyer you have called is “the right one”, be it in terms of competence and experience or also in terms of interpersonal “chemistry”.

The spectrum of our law firm therefore includes offering legal seekers comprehensive (initial) consultation in criminal law. On this basis, we want to provide you with the basis for making a decision, to weigh up a possible further assignment or to be able to assess how the respective prospects of success of engaging a lawyer should be assessed.

Bring all case-related documents with you to the initial consultation, in particular letters from the judiciary or the police: e.g. indictment, penal order, summons for questioning, search warrant, arrest warrant (for relatives) and records. If possible, outline the facts in advance as they happened from your point of view. The lawyer and his employees are legally obliged to maintain absolute confidentiality even during the initial consultation!
An assessment of the case that is as objective as possible can only be guaranteed if the lawyer is as fully informed as possible (especially if he is not yet familiar with the investigation file).

Precisely because criminal proceedings provide for such a wide range of possible scenarios and, above all, great discretion, the lawyer’s competence and experience are essential – similar to that of a doctor. In criminal law, success depends on the choice of lawyer. Hardly any other area of ​​law has as many different consequences and variants of the termination of proceedings as criminal law.

The consequences of criminal proceedings or even a conviction can be serious in individual cases: there is a risk of long-term entries in the certificate of good conduct and official databases, loss of driving, business and other reliability-related permits, as well as problems with work and entry into other countries such as the USA.

There is hardly any other area of ​​law in which the course of the outcome can be set as decisively by competent legal representation as in criminal law!

Sexual coercion (threats / violence)

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Anyone who coerces someone into sexual acts by threatening them with a “serious evil” is committing a criminal offense (Section 177, Paragraph 2, No. 5 of the German Criminal Code). Here the perpetrator must break the opposing will of the victim through coercion by threatening the victim with a concrete, “serious” evil. A direct connection between the coercion and the sexual act is required here.

However, what is meant by a so-called “serious evil” is – similar to Section 177 Paragraph 4 of the Criminal Code (see above) – completely vague and sometimes open to extensive interpretation. Accordingly, not only the “victim’s perspective” can and must be taken into account here, but above all the impunity of absolutely legitimate behavior must be pointed out.

Furthermore, a prison sentence of at least one year is also punishable as “sexual coercion” if the perpetrator uses violence against the victim, threatens the victim with immediate danger to life or limb, or takes advantage of a situation in which the victim is defenseless against the perpetrator’s influence (Section 177, Paragraph 5 of the Criminal Code). The latter in particular leads to some completely absurd case scenarios, for example when a couple drives to a secluded location (e.g. a parking lot at night or similar) or even has sex in their own home with the door locked.

The term “sexual coercion” is misleading, since according to the wording, real coercion (determining force) of the victim is no longer necessary. When violence is used, the perpetrator does not have to use it to force the sexual act itself. It should therefore be sufficient if the perpetrator hits the victim who refuses the sexual act to increase pleasure.
However, here too, a clear connection between violence and the sexual act is required. It is also not sufficient if the perpetrator uses violence in the context of consensual sexual acts, unless the act of violence itself also constitutes a sexual act. The Federal Court of Justice has expressly clarified the latter in a decision on an appeal conducted by our law firm.

Finally, the (initial) consultation in criminal law also serves as a basis for deciding whether the lawyer you have called is “the right one”, be it in terms of competence and experience or also in terms of interpersonal “chemistry”.

The spectrum of our law firm therefore includes offering legal seekers comprehensive (initial) consultation in criminal law. On this basis, we want to provide you with the basis for making a decision, to weigh up a possible further assignment or to be able to assess how the respective prospects of success of engaging a lawyer should be assessed.

Bring all case-related documents with you to the initial consultation, in particular letters from the judiciary or the police: e.g. indictment, penal order, summons for questioning, search warrant, arrest warrant (for relatives) and records. If possible, outline the facts in advance as they happened from your point of view. The lawyer and his employees are legally obliged to maintain absolute confidentiality even during the initial consultation!
An assessment of the case that is as objective as possible can only be guaranteed if the lawyer is as fully informed as possible (especially if he is not yet familiar with the investigation file).

Precisely because criminal proceedings provide for such a wide range of possible scenarios and, above all, great discretion, the lawyer’s competence and experience are essential – similar to that of a doctor. In criminal law, success depends on the choice of lawyer. Hardly any other area of ​​law has as many different consequences and variants of the termination of proceedings as criminal law.

The consequences of criminal proceedings or even a conviction are serious in individual cases: there is a risk of long-term entries in the certificate of good conduct and official databases, loss of driving, business and other reliability-related permits, as well as problems with work and entry into other countries such as the USA.

In hardly any other area of ​​law can the course for the outcome be set as decisively by competent legal representation as in criminal law!

Rape (penetration of the body)

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The term “rape” is misleading and ultimately has legal-historical reasons, since “rape” under the new sexual criminal law does not require any use of violence, contrary to the wording of the law.

What many people also don’t know: “Rape” does not only refer to cases of unwanted sexual intercourse, but to any act that involves penetration of the body. Even the brief insertion of a finger is sufficient, as is oral sex.

As a “particularly serious case” of sexual assault or sexual coercion, rape is punished with a minimum sentence of two years’ imprisonment, which – if there are no mitigating circumstances that lead to a reduced minimum sentence – rules out a suspended prison sentence.

Thishigh minimum sentence is in any case disproportionate in cases where no violence was used and the other person was actively involved – for example, if the suspect did not sufficiently “assurance” of consent before having sex with an intoxicated partner from the court’s point of view.
While “rape with violence” is usually considered to be a particularly serious case, this is by no means automatic in other constellations. Although the law does not provide for a less serious case of rape as such, the aggravation of the “rape” is an aggravation that is usually, but not necessarily, applicable.

In view of the undefined legal situation and the relatively arbitrary decision-making options available to the court, the question of whether a “particularly serious case” should be considered plays an important role in court decisions, particularly in the case of rape. Here too, the court must at least comprehensibly justify its decision in a judgment based on the external circumstances of the case established during the hearing so well that the judgment can withstand review in the appeal or revision. In such constellations, it is particularly important that the defense takes care to formally introduce all circumstances in favor of the defendant into the criminal proceedings.

Finally, the (initial) consultation in criminal law also serves as a basis for deciding whether the lawyer called is “the right one”, be it in terms of competence and experience or in terms of interpersonal “chemistry”.

Our firm’s spectrum therefore includes offering those seeking legal advice comprehensive (initial) consultation in criminal law. On this basis, we want to give you the basis for making a decision, to weigh up a possible further assignment or to be able to estimate how the respective chances of success of engaging a lawyer should be assessed.

Bring all case-related documents with you to the initial consultation, in particular letters from the judiciary or the police: e.g. B. Indictment, penalty order, summons for questioning, search warrant, arrest warrant (for relatives) and records. If possible, outline the facts in advance as they happened from your point of view. The lawyer and his employees are legally obliged to maintain absolute confidentiality even during the initial consultation!

An assessment of the case that is as objective as possible can only be guaranteed if the lawyer is as fully informed as possible (especially if he does not yet know the investigation file).

Precisely because criminal proceedings provide for such a wide range of possible scenarios and, above all, great scope for discretion, the lawyer’s competence and experience are essential – similar to that of a doctor. In criminal law, success depends on the choice of lawyer. Hardly any other area of ​​law has as many different consequences and variants of the termination of proceedings as criminal law.

The consequences of criminal proceedings or even a conviction can be serious in individual cases: there is a risk of long-term entries in the certificate of good conduct and official databases, loss of driving, business and other reliability-related permits, as well as problems with work and entry into other countries such as the USA.

There is hardly any other area of ​​law in which the course for the outcome can be set as decisively by competent legal representation as in criminal law!

Legal situation before 2016 / Statute of limitations

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The statute of limitations in sexual criminal law has also been tightened over the years and in some cases extended retroactively.

Therefore, older versions of the law still have some significance in practice, since changes in the limitation periods also cover cases that were not (yet) time-barred at the time of the respective change in the law.

Important: The provisions on limitation periods are extremely complicated when applied to old cases, i.e. cases that occurred longer ago than the last change in the law (2016). It is often overlooked that cases that are not yet time-barred according to the latest legal situation may have already become time-barred in the past and therefore may no longer be prosecuted despite the extension of the limitation period.

Conversely, the now absurdly long limitation periods of sometimes more than 30 years also cover allegations that can date back to the 1990s. It is doubtful whether such cases can be solved in any meaningful way at all – especially in a “word against word” situation – but nevertheless, or precisely because of this, such accusations must be taken very seriously in the current social climate of massive prejudgments when it comes to allegations of sexual crimes.

Always remember:  For all allegations of crime, the sexual criminal law applicable at the time must always be applied.

This applies in particular to acts that are said to have taken place before 10.11.2016 (no means no) and possibly also to acts that are said to have taken place before 1998 (marital rape).

In the case of the accusation of sexual assault/rape, for example, in the “old” sexual criminal law before 2016, a targeted use of violence with a coercive effect on the victim was a mandatory requirement for criminal liability, while under the new law an almost limitless number of non-violent acts can be completely sufficient for the serious accusation of rape (see above).

Since public prosecutors’ offices and courts often only have the most up-to-date legal texts and commentaries, it is particularly important in such constellations that the defense attorney points out the inapplicability of the new laws at an early stage.

Finally, the (initial) consultation in criminal law also serves as a basis for deciding whether the lawyer called is “the right one”, be it in terms of competence and experience or in terms of interpersonal “chemistry”.

Our law firm’s spectrum therefore includes offering those seeking legal advice comprehensive (initial) consultation in criminal law. On this basis, we want to provide you with a basis for making a decision, to consider a possible further assignment or to be able to estimate how the respective prospects of success of engaging a lawyer should be assessed.

Bring all case-related documents with you to the initial consultation, especially letters from the judiciary or the police: e.g. indictment, penal order, summons for questioning, search warrant, arrest warrant (for relatives) and records. If possible, outline the facts in advance as they occurred from your point of view. The lawyer and his employees are legally obliged to maintain absolute confidentiality even during the initial consultation!

The most objective assessment of the case can only be guaranteed if the lawyer is as fully informed as possible (especially if he does not yet know the investigation file).

Precisely because criminal proceedings provide for such a wide range of possible scenarios and, above all, great scope for discretion, the lawyer’s competence and experience are essential – similar to that of a doctor. In criminal law, success depends on the choice of lawyer. Hardly any other area of ​​law has as many different consequences and variants of the termination of proceedings as criminal law.

The consequences of criminal proceedings or even a conviction are serious in individual cases: there is a risk of long-term entries in the certificate of good conduct and official databases, loss of driving, business and other reliability-related permits, as well as problems with work and entry into other countries such as the USA.

In hardly any other area of ​​law can the course for the outcome be set as decisively by competent legal representation as in criminal law!