Sexual Coercion: What is the Potential Penalty?

What is Sexual Coercion?

Sexual coercion is an aggravated form of sexual assault (§ 177 para. 1 StGB). This means that the offense of sexual coercion is essentially built upon the offense of sexual assault. To understand sexual coercion, we must therefore first look at sexual assault:

A sexual assault occurs when sexual acts are performed on or by another person against their recognizable will. The individual elements of the offense for sexual assault are:

• A sexual act on another person, or acts performed by the other person, or compelling the person to perform sexual acts on a third party,
• against the will of the other person,
• the will must be recognizable,
• with intent (= the knowledge and will to realize the elements of the offense).

Following the criminal law reform, coercion is no longer required for sexual assault. Since 2016, this has been required for the separate offense of sexual coercion. Instead, the opposing will is decisive regarding sexual assault.

This opposing will must be recognizable. This means it must be apparent to the person acting that the other person is averse to the sexual acts. This will must be expressed either through a corresponding “no” (“no means no”) or through gestures, facial expressions, or other recognizable actions—i.e., implicitly. However, there can also be a exploitation of special circumstances if the other person cannot articulate or express their will for certain reasons (e.g., date rape drugs, sleep, disabilities).

Furthermore, sexual coercion exists if the sexual assault occurs under threat of a sensitive evil. Possible coercive actions include:

• Threat of danger to life or limb,
• Use of force, or
• Exploitation of a situation in which the victim is defenseless.

Examples of this include restraining the victim, covering their mouth, physical assault, death threats, or threatening gestures. Blocking the apartment door or similar actions also constitute possible violence. As a qualified offense, sexual coercion is generally punished more severely than sexual assault.

What is the Difference from Rape?

Rape is also an aggravated form of sexual assault, but it has different requirements than sexual coercion. In the case of rape, there must additionally be the performance of sexual intercourse or a similar sexual act.

This is always the case when the body of the other person is penetrated. It is not necessary for vaginal or anal intercourse to occur. Oral sex, as well as the insertion of other body parts (e.g., fingers) or an object, can also constitute rape from a legal perspective.

In the case of rape, the sentence is at least 2 years of imprisonment and can extend up to 15 years.

What is the Potential Penalty for Sexual Coercion?

A conviction for sexual coercion carries a prison sentence of at least one year. Since sexual coercion constitutes a felony (Verbrechen), a provisional dismissal of the proceedings is unlikely at first. Extreme caution must therefore be exercised with such an allegation. Furthermore, a fine is excluded.

In addition to state sanctions, a social reaction is also to be expected. Even the allegation can lead to significant damage to your reputation and affect your social and professional environment. This is precisely why it is important to intervene in the preliminary proceedings as early as possible with an experienced defense attorney to achieve the best possible result.

Reported to the Police? How to Behave Correctly

If an allegation of sexual coercion is made against you, you should take this allegation seriously in any case. However, stay calm and do not rush into anything. Nevertheless, we also advise against simply waiting. Particularly in the case of serious criminal offenses, the investigative authorities are obliged to investigate and—depending on the evidence—bring the offense to trial. Therefore, it is especially important to seek help early and not let valuable time pass. Feel free to contact us at any time to arrange an initial consultation.

Have you received a police summons? Do not make a statement to the police, certainly not without prior legal advice. Even if you “only” want to explain yourself and prove your innocence, you could potentially incriminate yourself heavily through an ill-considered statement. In the end, this can also contribute to your conviction.

An experienced defense attorney will instead cancel a police summons and request access to the case files. You can only gain access to your own criminal file with the help of a lawyer. It is therefore essential to contact a lawyer as early as possible to support you in your case.