Sexual abuse of children repeatedly generates significant media attention and causes outrage and frustration among the public. In this context, accused individuals are often prematurely pilloried – in many cases unjustly.
The accusation of sexual abuse of children is a serious one that can destroy an entire life. German law provides for severe penalties. Accused individuals should therefore act quickly but thoughtfully and take the matter seriously. But when exactly does sexual abuse of children occur, and how should accused individuals behave? We clarify.
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What is sexual abuse according to § 176 StGB?
According to § 176 StGB, the performance or the causing of sexual acts to be performed by or on a child is punishable. However, inducing the child to perform the act on a third party or to have it performed on themselves by a third party is also punishable. In addition, there is a third variant, according to which offering a child for one of the aforementioned acts or promising to procure a child for such an act is also punishable.
Further offenses are criminalized in the subsequent paragraphs. For example, it is also punishable if sexual abuse occurs without physical contact. This includes, for instance, performing sexual acts in front of a child, inducing a child to perform acts on themselves, or showing pornographic content (§ 176a StGB).
The preparation of sexual abuse of a child is also punished (§ 176b StGB). This means, among other things, that the child is shown depictions of acts that they are later to perform on a third party.
The aggravated offense of sexual abuse of children is also referred to as severe sexual abuse of children. This occurs, for example, with the performance of intercourse or similar sexual acts (e.g., the insertion of an object) by an adult (§ 176c StGB) with a child, if the act involves penetration of the body.
Also, sexual abuse of children resulting in death is punished as an aggravated offense (§ 176d StGB).
Possessing or disseminating instructions for child abuse is also a criminal offense in Germany (§ 176e StGB).
What is a child in the legal sense?
According to § 176 para. 1 StGB, a child is a person under 14 years of age. Only children can be victims within the meaning of this provision. For persons over 14 years of age, other criminal provisions apply, in particular sexual abuse of adolescents (§ 182 StGB) or sexual abuse of persons entrusted to one’s care (§ 174 StGB).
It is not decisive whether the child has already had sexual experiences or consented to the sexual acts. Every sexual act between a child and an adult is covered by the criminal norm. Special circumstances can at most have a mitigating effect on the sentence; courts can also refrain from imposing a sentence. However, this outcome is not always easily achieved and often only through an early defense strategy.
This also means that acts between two children or persons in the same age group are generally not punishable or can have a mitigating effect on the sentence. Problems arise here whenever sexual acts between children or adolescents occur in exchange for consideration or if they were incited/induced by adults.
What is the difference from sexual abuse of persons entrusted to one’s care?
The term ‘child’ includes all persons under 14 years of age; it is irrelevant what relationship the child has to the perpetrator. Any adult or even adolescent can be guilty of sexual abuse of a child.
Decisive for sexual abuse of persons entrusted to one’s care is, in addition to the age of the person entrusted to one’s care (under 18 years), precisely the relationship between the person entrusted to one’s care and the perpetrator. According to this provision, only a person who has a duty of care or supervision for the person entrusted to their care, for example, as a teacher, parent, or caregiver, can be a perpetrator. This superior/subordinate relationship between the person entrusted to one’s care and the other person must be deliberately exploited for the act.
Furthermore, in certain cases, a person entrusted to one’s care does not have to be under 18 years of age to become a victim. Adults can also be persons entrusted to one’s care if, for example, they have a disability or special needs. However, special conditions apply to minors. We would be happy to clarify the legal situation for you in a personal initial consultation.
What penalty is threatened for sexual abuse of children?
The basic offense of sexual abuse of children is punishable by a prison sentence of not less than one year. This means that it is a felony. The premature dismissal of proceedings is therefore not easily possible. Precisely for this reason, accused individuals should exercise particular caution with such an accusation, as the authorities are obligated to investigate.
Furthermore, this threat of punishment also means that there is no upper limit. Thus, a prison sentence of up to 15 years is possible, while a fine is excluded. For sexual abuse without physical contact, the sentence is limited to 6 months to 10 years; for a preparatory act, it is 3 months to 5 years.
If the act constitutes severe sexual abuse, the prison sentence is not less than 2 years. Here is in aller Regel nicht einmal einen Strafe auf Bewährung möglich. Verursacht der sexuelle Missbrauch den death of the child, hat das Gericht auf prison sentence of not less than 10 years zu erkennen. Hier ist grundsätzlich auch eine life sentence prison sentence (wie bei einem Mord) möglich.
The mere suspicion of sexual abuse of children can already cause severe reputational damage. Crimes against children are particularly ostracized by society, and it is not uncommon for accused individuals to be prejudged in their social environment or in the media. Accused individuals therefore often struggle with social problems such as the loss of their close circle, loss of employment, or other restrictions.
How should accused individuals behave?
Always take the accusation of sexual abuse seriously and never lightly. As experienced criminal defense lawyers, we have often seen accused individuals enter an investigation hoping that the matter will resolve itself and take no further steps. This is strongly discouraged, as it is generally an accusation of a felony. This means that the authorities must file charges if there is sufficient suspicion of a criminal offense. High prison sentences are threatened in case of doubt, and a dismissal of the proceedings is then no longer possible.
Accused individuals should therefore never make a spontaneous and unprepared statement to the police. Instead, you should immediately consult a lawyer you trust to discuss the further course of action. Our procedure is initially as follows: We cancel the police summons and request access to the files. Then, based on the evidence, we can competently and comprehensively advise you on your options and support you with all necessary steps.
If you are with the police, you should exercise your right to remain silent. This also applies if the police appear at your home, for example, during a search. In any case, remain calm and do not make any statement about the matter. Ask to see the warrant and remain cooperative. Under no circumstances actively assist in the search for items or documents and demand proper documentation of seized items. Do not voluntarily hand over any PIN. Contact your lawyer even in such a moment; you have the right to do so at any time.
Do you need support? We are here for you. Together, we will discuss the case file and develop a successful defense strategy to ensure a fair outcome in your favor. Feel free to call us anytime for a consultation, even in an emergency: +49 (0)151 61429000.
