Abuse of Persons

Abuse of Persons in Europe

Abuse of Persons Who Are Incapable of Resistance in Germany

Provisions relating to abuse of persons who are incapable of resistance 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 179 Abuse of persons who are incapable of resistance, which reads: (1) Whosoever abuses another person who is incapable of resistance because of a mental illness or disability including an addiction or because of a profound consciousness disorder; or 1. 2. is physically incapable, and by exploiting the incapability to resist engages in sexual activity with the person or allows them actively to engage in sexual activity on his person shall be liable to imprisonment from six months to ten years. (2) Whosoever abuses a person incapable of resistance (subsection (1) above), by inducing the person, under exploitation of the incapability of resistance, to engage actively in sexual activity with a third person or to allow a third person to engage in sexual activity with them, shall incur the same penalty. (3) In especially serious cases the penalty shall be imprisonment of not less than one year. (4) The attempt shall be punishable. (5) The penalty shall be imprisonment of not less than two years if 1. the offender performs sexual intercourse or similar sexual acts with the victim which include penetration of the body, or allows them to be committed on himself by the victim; the offence is committed j 2. ointly by more than one person; or by the offence the offender places the victim in danger of serious injury or substantial impairment of his physical or emotional development. 3. (6) In less serious cases under subsection (5) above the penalty shall be imprisonment from one to ten years. (7) Section 177 (4) No 2 and section 178 shall apply mutatis mutandis.

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Notes

  1. The content of the translated German penal code in relation to abuse of persons who are incapable of resistance is current as of 2010

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