The sexual abuse of wards is increasingly becoming a topic in the media. Minors in particular enjoy special protection not only in our society, but this is also reflected in current laws. There are a variety of specific regulations for the protection of children and young people.
However, especially in sexual criminal law, false accusations occur repeatedly, from which all parties involved usually suffer. The serious consequences are not only criminal in nature but can also affect one’s private and professional life. An allegation of sexual abuse of a ward is therefore a very serious matter.
Are you being accused of sexual abuse or do you wish to take legal action against sexual abuse? Contact a lawyer specializing in sexual criminal law to assert your rights and protect yourself from serious consequences.
Our experienced criminal law firm has been active in this field for many years and possesses the necessary expertise to advise you competently and successfully in such a case. Discretion is particularly important to us. Please feel free to contact us at any time for an initial consultation.
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What is sexual abuse of wards?
In principle, anyone who performs sexual acts on persons under 18 years of age (minors) or has them performed is liable to prosecution for sexual abuse of wards. A further requirement for criminal liability is that the minor was entrusted to the accused for education, training, or care in their conduct of life (Section 174 (1) No. 1 StGB).
Criminal liability also exists if a dependency in an educational, service, or employment relationship involving a relationship of subordination was exploited for the sexual acts (Section 174 (1) No. 2 StGB).
Furthermore, parents, spouses, or life partners of a parent can be held liable if they perform sexual acts on minors or have them performed (Section 174 (1) No. 3 StGB).
Anyone who induces a minor to perform sexual acts on a third person or to have them performed on themselves by a third person is also liable to prosecution (Section 174 (1) Sentence 2 StGB).
Who is a ward?
According to the law, wards are all minors who are under the custody of a specific adult person. It therefore always depends on the relationship or the connection between the person acting and the minor. Thus, a minor may be a ward in relation to their parents, but potentially not in relation to a third party.
What role does the age of the ward play?
The law generally covers all minors or wards. However, pursuant to Section 174 (2) of the German Criminal Code (StGB), there are different conditions for criminal liability depending on the age of the ward:
Wards under 16 years of age:
Pursuant to Section 174 (2) No. 1 StGB, a person commits an offense if they are entrusted with the education, training, or care in the daily life of persons under eighteen years of age in an institution designated for this purpose, and they perform sexual acts on a person under sixteen years of age who is in a legal relationship with this institution that serves their education, training, or care in daily life, or allows such acts to be performed on themselves by that person.
Wards between 16 and 18 years of age:
Pursuant to Section 174 (2) No. 2 StGB, in the case of persons between 16 and 18 years of age, the perpetrator must also exploit their position within the institution to commit the act, in addition to the aforementioned conditions.
Wards under 14 years of age:
If the victim is under 14 years of age, criminal liability for the sexual abuse of children under Section 176 StGB applies. For criminal liability under Section 176 StGB, no custodial relationship is required. This act is classified as a felony (Verbrechen); the minimum prison sentence is 1 year.
What is a custodial relationship?
A custodial relationship can occur in many forms. The decisive factor is that the perpetrator is entrusted in the facility with the education, training, or care in the conduct of life of minors. Within the scope of Section 174 (1) StGB, the minor victim must be entrusted to the perpetrator, which requires a relationship of responsibility and dependency. Within the scope of Section 174 (2) StGB, no specific relationship of superiority and subordination between the adult and the youth needs to exist.
A custodial relationship with a minor can be assumed, for example, for the following persons:
- Parents
- Teachers
- Grandparents
- Probation officers
- Heads of residential homes
- Instructors
- Driving instructors
- Supervisors
In addition to clear-cut cases such as parental duty of care, there are also cases that must be considered individually. For example, sports club coaches generally do not have custody over a child, whereas leaders of holiday camps typically do.
In any case, an individual assessment must be carried out. It depends significantly on the individual circumstances. This often presents good defense opportunities, on which we would be happy to advise you comprehensively.
What penalty is expected for a conviction under Section 174 StGB?
If a conviction for sexual abuse of wards occurs, a prison sentence of at least 3 months and up to 5 years is possible. A fine is not provided for.
Accused persons should be aware that even the suspicion of such a crime can have significant consequences for their own reputation and social environment. Crimes directed against children are particularly ostracized by society. Even a false accusation can have long-lasting and serious consequences. Parents, for example, may run the risk of losing custody. Professionals, especially in social institutions, can be dismissed in light of the allegations and the consequences.
Professionals who have a duty of care must also expect a professional ban or an instruction ban in the event of a conviction. Licenses can also be revoked.
It is therefore important that you seek an experienced criminal defense lawyer as soon as possible in the event of an allegation, who will support you and maintain the necessary discretion. At the same time, affected persons who wish to file a criminal complaint can receive advice on the legal situation, their options, and the expected costs.
Allegation of sexual abuse: How to behave as an accused person
As an accused person, for the reasons mentioned, you should in any case take the allegation against you seriously, even if it is a false accusation. An untrue allegation does not automatically exempt you from a conviction. Particularly in “word against word” scenarios, where objective evidence is rare, miscarriages of justice can occur. Therefore, seek legal support in good time to steer the proceedings in the right direction.
If a police summons occurs, the following applies: Do not make a premature statement. If possible, do not speak with officers and exercise your right to remain silent, about which you must, incidentally, be informed. It is best to have the interrogation appointment canceled by your criminal defense lawyer. We would be happy to handle this for you. We will first request access to the files and then advise you on a possible defense strategy.
Silence is a neutral stance in criminal proceedings and says nothing about guilt or innocence. It is different if you make a statement during an interrogation and say something that can later be used against you – even if it might have been meant differently. In case of doubt, you contribute to your own conviction through a statement.
Please feel free to contact us as specialized and experienced criminal law attorneys. We will discuss all options with you and clarify the legal situation.
As experienced criminal defense lawyers, we have already been able to achieve early dismissal of proceedings, mitigation of sentence, or acquittal for many clients. We would be happy to stand by your side as legal counsel in the event of an allegation and advise you comprehensively. Arrange an initial consultation with us at any time.
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