{"id":11965,"date":"2024-08-16T10:54:27","date_gmt":"2024-08-16T08:54:27","guid":{"rendered":"https:\/\/stirnweiss-brenner.de\/sexual-harassment-in-the-workplace-is-it-a-criminal-offense\/"},"modified":"2026-03-09T17:18:34","modified_gmt":"2026-03-09T16:18:34","slug":"sexual-harassment-in-the-workplace-is-it-a-criminal-offense","status":"publish","type":"post","link":"https:\/\/stirnweiss-brenner.de\/en\/guide\/sexual-harassment-in-the-workplace-is-it-a-criminal-offense\/","title":{"rendered":"Sexual Harassment in the Workplace: Is it a Criminal Offense?"},"content":{"rendered":"\t\t
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Since 2016, the criminal offense of<\/span> sexual harassment<\/b> has been included in the German Criminal Code (StGB). Its introduction faced significant criticism, as behavior that was previously not punishable became subject to criminal prosecution. Eight years later, a sharp increase in investigative proceedings can be observed.<\/span> <\/p>\n

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According to studies, sexual harassment occurs repeatedly,<\/span> particularly in the workplace<\/b>. Women are especially affected. The problem: these offenses are difficult to prove, and false accusations cannot be ruled out. The consequences include not only potential prison sentences but also the loss of employment and damage to one’s reputation.<\/span> <\/p>\n

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How should employees and executives behave if they are accused of sexual harassment? We provide clarity. <\/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<\/span> defense attorneys in sexual criminal law<\/b><\/a>, we have already achieved early dismissal of proceedings, mitigation of sentences, or acquittals for many clients. We are happy to stand by your side as legal counsel in the event of an allegation and advise you comprehensively on a possible criminal defense. You can arrange a non-binding 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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When is Sexual Harassment Punishable?<\/span><\/h2>\n

For sexual harassment to occur, the victim must be <\/span>physically touched in a sexually determined manner<\/b> and <\/span>thereby harassed<\/b> (<\/span>Section 184i StGB<\/span><\/a>). Verbal harassment (e.g., catcalling) or physical proximity are generally not sufficient. These may, at most, fulfill the elements of sexual insult (<\/span>Section 185 StGB<\/span><\/a>).<\/span> <\/p>\n

It is irrelevant how the victim is touched, whether with an <\/span>object<\/b> or a <\/span>part of the body<\/b> (e.g., the hands).<\/span> <\/p>\n

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A sexually determined manner exists whenever the touch is sexually motivated. This is primarily the case when <\/span>sexualized body parts<\/b> are touched, such as the genital area, female breasts, or buttocks. However, <\/span>kissing<\/b> or other touches perceived as sexual also fall under this. In contrast, <\/span>accidental touches<\/b>, for example when passing by, are not included. However, the distinction is often difficult.<\/span> <\/p>\n

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The <\/span>well-being<\/b> of the person touched is also decisive. This must be <\/span>significantly impaired<\/b> by the action. This is problematic primarily because it depends on the <\/span>subjective impression<\/b> of the person. This often leads to further difficulties in differentiation.<\/span> <\/p>\n

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However, these difficulties in differentiation also offer good <\/span>defense opportunities<\/b>, as the evidence is usually difficult, often involving “he-said, she-said” situations without further evidence (witnesses\/video recordings). This opens up possibilities for defense strategies that, in the best-case scenario, lead to the dismissal of the proceedings. To achieve this, an experienced <\/span>defense attorney<\/b> should be consulted at an early stage.<\/span> <\/p>\n

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Sexual Harassment in the Workplace and the General Act on Equal Treatment <\/span><\/h2>\n

Sexual harassment frequently occurs in the <\/span>workplace<\/b>. This is usually related to an existing power imbalance or a superior\/subordinate relationship. Women are particularly affected. Therefore, the <\/span>General Act on Equal Treatment<\/b><\/a> (AGG) defines sexual harassment itself; however, this has no effect on criminal sanctions, but only on labor law handling and its consequences.<\/span> <\/p>\n

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The AGG is significantly broader in scope: Unlike criminal law, it also sanctions suggestive remarks and verbal or non-verbal behavior. This includes in particular: <\/span><\/p>\n