In cases of sexual abuse, the perpetrator holds a special position of power.
Sexual Abuse
Criminal defense in cases of sexual abuse can relate to various offenses. What they all have in common is that a certain helplessness of the victim is exploited. Criminal defense in cases of sexual abuse differs from offenses such as Sexual Coercion and rape in that the perpetrator holds a special position of power by virtue of his or her position.
For example, he or she is a legal guardian and abuses a child. This is regulated in Section 176 of the German Criminal Code. Section 174 of the German Criminal Code (StGB) criminalizes the abuse of persons under one’s care. This includes teachers as potential perpetrators. Section 179 of the German Criminal Code (StGB) sanctions the abuse of persons unable to resist. This includes mentally disabled people who cannot defend themselves due to their disability.
All of these sections aim to protect the sexual self-determination of people who particularly need this protection. The legislature provides for correspondingly high penalties, and the investigating authorities act accordingly consistently when such suspicions arise.
The strategy for criminal defense in cases of sexual abuse differs depending on the circumstances. Basically, there are two options. Either sexual abuse has actually occurred. In this case, we try to reduce the sentence. It may also be possible to prevent a public trial with a penal order. Or the accusation is false, in which case we aim for the dismissal of the case or, in the event of a trial, for an acquittal.
