{"id":11959,"date":"2023-11-27T06:59:01","date_gmt":"2023-11-27T05:59:01","guid":{"rendered":"https:\/\/stirnweiss-brenner.de\/sexual-assault-what-is-the-potential-penalty-upon-conviction\/"},"modified":"2026-03-09T17:17:14","modified_gmt":"2026-03-09T16:17:14","slug":"sexual-assault-what-is-the-potential-penalty-upon-conviction","status":"publish","type":"post","link":"https:\/\/stirnweiss-brenner.de\/en\/guide\/sexual-assault-what-is-the-potential-penalty-upon-conviction\/","title":{"rendered":"Sexual assault: What is the potential penalty upon conviction?"},"content":{"rendered":"\t\t
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The criminal law reform has brought several changes to the law on sexual offenses, particularly stricter penalties and the introduction of additional criminal offenses. This includes the offense of sexual assault; since then, behavior that was previously not punishable is now relevant under criminal law. <\/span><\/p>\n


The <\/span>offense of sexual assault <\/b>is difficult to prove and very broadly defined. While the new regulations aim for stronger victim protection, they often represent a significant legal risk for the accused. Not only is a conviction a threat, but the damage to one’s own reputation and social environment can also be enormous. In this article, we explain what the accused must consider when facing an allegation of sexual assault.<\/span><\/p>\n

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Are you being accused?<\/b> Seek criminal defense support from an expert as soon as possible. As experienced defense attorneys in <\/span>sexual criminal law<\/span><\/a>, we have already achieved early dismissal of proceedings, mitigation of sentence, or acquittal for many clients. We are happy to stand by your side as legal counsel in the event of an accusation and advise you comprehensively on a possible defense strategy. Schedule an initial consultation with us at any time.<\/span><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Sexual criminal law: What does sexual assault mean?<\/strong><\/h2>\n

Sexual assault is found in <\/span>Section 177 of the German Criminal Code (StGB)<\/span><\/a> and is a kind of basic offense related to sexual coercion or rape. It states: <\/span> <\/p>\n

\u201cWhoever performs sexual acts on another person against that person’s recognizable will, or causes that person to perform sexual acts, or determines that person to perform or tolerate sexual acts on or by a third party, shall be (…) punished.\u201d<\/span><\/i><\/p>\n

A sexual assault therefore occurs if sexual acts were performed on or by the person concerned, even though they explicitly said <\/span>\u201cNo\u201d<\/b> or otherwise made their opposing will recognizably clear. For a sexual assault to occur, various elements of the offense must continue to be met, which we will discuss below.<\/span><\/p>\n

Firstly, a <\/span>sexual act <\/b>is required. This includes, in particular, touching sexualized areas, such as the genital area, the female breast, or the buttocks, but also significantly more extensive sexual acts. This must happen against the <\/span>opposing will<\/b> of the other person, and this will must also be <\/span>recognizable<\/b> to the person acting. In addition, <\/span>intent<\/b> must also be present. This means that accidental touching cannot constitute sexual assault. <\/span> <\/p>\n

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When does the exploitation of a special situation occur?<\/strong><\/h2>\n

In many cases, the recognizably opposing will is problematic. Especially when the other person is <\/span>asleep<\/b> or unconscious as a result of <\/span>alcohol<\/b> or <\/span>knock-out drops<\/b>, they <\/span>cannot express an opposing will<\/b>. <\/span> <\/p>\n

As a rule, people who are unable to express their will due to disabilities cannot be victims of this offence. In such cases, paragraph 2 of Section 177 of the German Criminal Code (StGB) applies. It defines the criminal liability for sexual assault in further cases: <\/span><\/p>\n