§ 177 StGB
Sexual Offenses Law since 2016
In July 2016, the Bundestag unanimously passed fundamental changes to the sexual Offenses Law, which came into force on November 10, 2016. These changes are primarily a reaction to the events of New Year’s Eve in Cologne, in which large groups of men sexually harassed women.
Until then, sexual offenses law only provided for criminal liability if victims resisted sexual acts. The perpetrators had to coerce them. In the future, a crime will be committed if a victim shows no recognizable will in the sense of consent. Resistance is therefore no longer required. This regulation addresses the fact that victims often fear active resistance. For example, if they are surrounded by a threatening group, they are afraid to take action for fear of physical violence. Now, it only needs to be recognizable that the victim does not consent to the act. Emotional expressions such as crying are sufficient for this.
In addition, since November 2016, the Sexual Offenses Act has criminalized sexual acts against persons with significantly impaired consent unless they clearly give their consent. By this term, the legislature refers, for example, to persons who are heavily intoxicated.
The new Sexual Offenses Act closes further legal loopholes. For example, perpetrators can expect punishment if they exploit the element of surprise. In this case, they take the victims by surprise, leaving them no time to express their displeasure.
