{"id":12035,"date":"2023-07-25T09:22:32","date_gmt":"2023-07-25T07:22:32","guid":{"rendered":"https:\/\/stirnweiss-brenner.de\/sexual-harassment-what-does-it-mean\/"},"modified":"2026-03-09T17:18:34","modified_gmt":"2026-03-09T16:18:34","slug":"sexual-harassment-what-does-it-mean","status":"publish","type":"post","link":"https:\/\/stirnweiss-brenner.de\/en\/guide\/sexual-harassment-what-does-it-mean\/","title":{"rendered":"Sexual harassment \u2013 what does it mean?"},"content":{"rendered":"\t\t
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The 2016 criminal law reform tightened many provisions relating to sexual offences. Among other things, it introduced the offence of sexual harassment<\/strong> (Section 184i of the German Criminal Code<\/a>), which now makes previously non-punishable conduct a criminal offence. Since then, the number of investigations in connection with sexual harassment has continued to rise. <\/p>\n

The threshold for criminal liability for sexual harassment is significantly lower than for other sexual offences. A criminal allegation can therefore arise quickly and damage one\u2019s reputation. Anyone accused of sexual harassment should therefore act promptly\u2014not only because of the risk of a custodial sentence. <\/p>\n

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Have you been accused? <\/strong><\/h4>\n

Seek criminal-law support from an expert as soon as possible. As experienced criminal defence lawyers in sexual criminal law<\/strong>, we have already been able to achieve an 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 you with comprehensive advice on a possible defence strategy. You are welcome to arrange an initial consultation with us at any time. <\/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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What is sexual harassment?
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For sexual harassment, the accused must have physically touched the victim in a sexually motivated manner<\/strong>. So-called \u201ccatcalling\u201d, i.e. verbal harassment, is therefore not sufficient to constitute the criminal offence of sexual harassment. Physical advances are also generally not sufficient. Whether the touching is carried out with the body or an object is irrelevant. <\/p>\n

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The touching must be sexual in nature<\/strong> and arise from a sexual motivation<\/strong> on the part of the perpetrator. By contrast, accidental touching or touching for another purpose is not sufficient. Touching of a sexual nature is often assumed where certain sexualised body parts<\/strong> are touched, such as the buttocks, the female breast, or the genital area. However, kissing or other touching of body parts that is clearly sexually motivated can also constitute sexual harassment. <\/p>\n

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The act must also impair the victim\u2019s well-being to more than an insignificant extent<\/strong>. The main difficulty with sexual harassment is that it depends on the victim\u2019s subjective impression and individual perception<\/strong>. In practice, this often leads to difficulties in drawing the line<\/strong> when assessing where sexual harassment begins. <\/p>\n

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On the other hand, this also offers good defence options<\/strong> for the accused, because due to the difficult evidentiary situation<\/strong>, the outcome depends largely on the defence strategy<\/strong>. An experienced criminal defence lawyer can therefore often have the proceedings discontinued even before charges are brought. <\/p>\n

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What is the difference from sexual assault?<\/strong><\/h2>\n

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For sexual harassment, a simple touch by the perpetrator may already be sufficient to trigger criminal liability. This means that criminal liability<\/strong> is usually reached much more quickly<\/strong> than for other offences such as sexual assault, sexual coercion, or rape (Section 177 of the German Criminal Code<\/a>). The reason: for sexual assault as the basic offence, there must be at least a sexual act by or on the victim against their will<\/strong>. <\/p>\n

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What penalty applies for sexual harassment?<\/strong><\/h2>\n

For the reasons stated, the sentencing range for sexual harassment is lower than for other sexual offences. If convicted of sexual harassment, you face a fine<\/strong> or a custodial sentence of up to 2 years<\/strong>. <\/p>\n

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While sexual harassment is often classified in society as harmless behaviour, the courts take the allegation very seriously. It is therefore not uncommon for custodial sentences to be imposed. However, depending on the circumstances of the individual case, these can often still be suspended on probation. <\/p>\n

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In cases of joint commission<\/strong>, the sentencing range is higher. Here, the law provides for a sentencing range of 3 months<\/strong> up to 5 years<\/strong>. A fine is then no longer an option. <\/p>\n

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In addition, accused persons should not forget that the allegation can have consequences beyond a criminal conviction. A report for sexual harassment generally harms not only one\u2019s social and private life<\/strong>, but can also have consequences for one\u2019s reputation<\/strong> and career<\/strong>. In particular, sexual harassment in the workplace can also lead to dismissal. <\/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 Harassment in the Workplace<\/strong><\/h2>\n

Sexual harassment often occurs in the workplace. This is usually related to an existing power imbalance or a superior\/subordinate relationship. Women are particularly affected. Therefore, sexual harassment in the workplace falls not only under criminal law but also under the General Equal Treatment Act<\/strong> (AGG). <\/p>\n

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The AGG is defined much more broadly: unlike criminal law, suggestive remarks and verbal or non-verbal behaviour can also be sanctioned here. This includes in particular: <\/p>\n