Abuse of Juveniles in Europe
Abuse of Juveniles in Germany
Provisions relating to abuse of juveniles in the German Criminal Code [1]: This criminal issue is covered by Chapter Thirteen, under the heading “Offences Against Sexual Self-determination,” located in Section 182 Abuse of juveniles, which reads: (1) Whosoever abuses a person under eighteen years of age by taking advantage of an exploitative situation by engaging in sexual activity with the person or suffering the person to engage actively in 1. sexual activity with him or inducing the person to engage in sexual activity with a third person or to suffer sexual acts committed on their own body by a third person, 2. shall be liable to imprisonment of not more than five years. (2) The same penalty shall apply to a person over eighteen years of age who abuses a person under eighteen years of age by engaging in sexual activity with him or to by inducing the person to suffer sexual acts committed by him on their own body for a financial reward. (3) A person over twenty-one years of age who abuses a person under sixteen years of age by 1. engaging in sexual activity with the person or causing the person to engage actively in sexual activity with him or inducing the person to engage in sexual activity with a third person or to suffer sexual acts committed on their own body by a third person, 2. and thereby exploits the victims lack of capacity for sexual self-determination shall be liable to imprisonment of not more than three years or a fine. (4) The attempt shall be punishable. (5) In cases under subsection (3) above the offence may only be prosecuted upon request unless the prosecuting authority considers propio motu that prosecution is required out of special public interest. (6) In cases under subsections (1) to (3) above the court may order a discharge under these provisions if in consideration of the conduct of the person against whom the offence was committed the harm of the offence is of a minor nature.
Resources
Notes
- The content of the translated German penal code in relation to abuse of juveniles is current as of 2010