Criminal offenses usually involve various prerequisites that must be met for criminal liability. In sexual criminal law, the element of “sexual acts” is particularly important. This element appears in a number of criminal offenses and is crucial for determining potential criminal liability. You can find out exactly what this means and when it becomes important in this article.
Have you been accused? Seek criminal-law support from an expert as quickly as possible. As experienced criminal defence lawyers, we have already been able to achieve early discontinuation of proceedings, a reduction in sentence or an acquittal for many clients. We will be pleased to support you legally in the event of an allegation and provide comprehensive advice on a possible defence strategy. Arrange an initial consultation with us at any time.
When are sexual acts punishable?
The term “sexual act” is of central importance in sexual criminal law, as it defines the scope of punishable conduct. Only acts classified as “sexual” can fall under specific criminal offenses such as sexual assault, sexual coercion, or sexual abuse.
This definition helps ensure the protection of individuals by enabling a distinction from non-punishable conduct. At the same time, it is crucial for assessing the criminality of an act in individual cases. A correct classification determines whether conduct can lead to criminal consequences or not.
This prevents minor or non-sexual behaviors from being considered criminal. Accordingly, the precise interpretation of the term “sexual act” is essential for fair and just prosecution in sexual criminal law.
What are sexual acts in sexual criminal law?
“Sexual acts” are actions that have a close connection to sexuality and are defined by the Criminal Code (StGB), particularly in the context of sexual criminal law. The legal definition stipulates that these acts are considered “sexual” if they have a certain significance and exhibit sexual relevance. This means that the act must directly affect the sexual feelings of the person concerned or aim at satisfying sexual needs.
An act is considered significant if it goes beyond mere touching and exhibits a certain intensity. This includes, for example, touching intimate body parts or acts that violate intimate modesty. Minor or incidental touches that have no sexual reference, however, do not fall under the term “sexual act.”
The exact interpretation always depends on the circumstances of the individual case and can be assessed differently from court to court. This differentiation is important to ensure that only truly relevant acts are classified as criminal.
Sexual Acts according to § 184h StGB
- Section 184h of the German Criminal Code (StGB) defines the term “sexual act” and its scope within the context of sexual criminal law. The scope of Section 184h StGB encompasses two central aspects:
- Sexual acts of a certain significance: An act is classified as “sexual” if it can be considered significant. This means that the act must exhibit a certain intensity or severity to be criminally relevant. Examples include acts that violate intimate modesty, such as touching genitals, breasts, or other intimate body areas.
- Acts with a sexual reference: The regulation clarifies that only acts aimed at arousing or satisfying the sexual drive are considered “sexual.” Sexual acts in front of another person are only those performed in front of another person who perceives the act.
Punishable Acts in Sexual Criminal Law
The element of “sexual act” is found in several relevant paragraphs of the Criminal Code (StGB) in the area of sexual criminal law. The most important offenses that include this element are:
Sexual Assault and Sexual Coercion (§ 177 StGB)
This paragraph defines a sexual act that occurs against the will of another person. This includes both sexual assault and sexual coercion, where the victim is forced into a sexual act. The spectrum ranges from physical violence to threats of serious harm.
Rape (§ 177 StGB)
A qualified form of sexual coercion is rape, which always includes a sexual act. Rape is characterized by the sexual act involving penetration of the body with another body part or an object. In this case, the sexual act is thus specified.
Sexual Abuse of Children (§ 176 StGB)
The offense of sexual abuse includes sexual acts performed with minors under 14 years of age. Any sexual acts that violate the child’s sexual self-determination are punishable.
Sexual Harassment (§ 184i StGB)
This paragraph defines sexual harassment, which also requires a sexual act. This includes acts that violate another person’s sexual self-determination, for example, through unwanted touching or offensive remarks.
Exhibitionism (§ 183 StGB)
The offense of exhibitionism also involves sexual acts that serve to harass or provoke others by displaying one’s own sexuality.
Accused of sexual acts? What you can do
Regardless of which criminal offense and which sexual acts you are accused of in sexual criminal law, it is important to always take it seriously. However, remain calm and do not make impulsive decisions. It is advisable not to simply wait, even if you did not commit the act.
Especially in the case of serious offenses or a criminal complaint, the investigating authorities are obliged to pursue the allegations and, if necessary, file charges. Therefore, it is crucial to seek support early and not waste valuable time. Do not hesitate to contact us at any time to arrange an initial consultation.
Have you received a summons from the police? In this case, you should not make a statement, especially not without prior legal advice. Even if you wish to present your side of the story and protest your innocence, an ill-considered statement can lead to serious self-incrimination and ultimately facilitate your conviction.
An experienced criminal defense lawyer will instead decline the police summons and request access to the files. You will only receive this insight into your criminal file with the support of a lawyer. Other objections must also be actively introduced into the proceedings to achieve the termination of the investigation. Especially in the interpretation of elements of an offense, such as sexual acts, ‘he-said-she-said’ situations often arise. It is therefore important to have a competent lawyer by your side who can interpret the facts in your favor and justify this.
Therefore, it is essential to contact a lawyer as early as possible who will comprehensively support you in your case. In the best case, the investigations can then be terminated before charges are filed.
As experienced criminal defence lawyers, we have already been able to achieve early discontinuation of proceedings, a reduction in sentence or an acquittal for many clients. We will be pleased to support you legally in the event of an allegation and provide comprehensive advice on a possible defence strategy. Arrange an initial consultation with us at any time.
