SEX ZWISCHEN MINDERJAEHRIGEN IN DEUTSCHLAND (SEX BETWEEN MINORS IN GERMANY)
We have had inquiries as to what the laws are on sex between minors in other countries. Review our blog regarding the laws in California and compare them with those in Germany. Jochen Wurster, an attorney who is specializes in criminal and juvenile law in Bremen, Germany, contributes the German laws to this blog. While completing his law training requirements, he interned with our office. His contact information is Jochen Wurster, Rechtsanwalt-Fachanwalt fur Strafrecht, Gerhard-Rohls-Str. 59, 28757 Bremen, Germany. His email is firstname.lastname@example.org. His website is www.ra-wurster.de. He is fluent in English.
“In Germany, the laws regarding sex between minors differentiates between the age of the accused and the age of the alleged victim. In general, you can only be accused and convicted when you are at least 14. Otherwise, the case will be dismissed but the youth office will be informed. If the minor is between 14 and 18, the minor is responsible, but will be convicted by the terms of the juvenile criminal law. The juvenile criminal law stresses the education of the minor rather than the penalty.
If you are between 14 and 18 and have sex with a juvenile between 14-18, it is only illegal if you use violence. If you are older than 18 and have sex with a juvenile, it is not illegal to have sex if both agree. If you are older than 21 and have sex with a person younger than 16, it is illegal if you abuse the sexual self-determination of the victim. Self-determination means that the inability of the victim to properly consent is presumed if the victim is 14 or 15 but it can be refuted. If the victim is older, 16 or 17, the inability is not presumed and must be proved to the court.
If an adult has sex with a child under the age of 14 by penetrating the body, it is severe sexual abuse and the conviction will be at least 2 years. If the accused is a juvenile between 14 and 18, the penalty is only at least 6 months. It is regarded as simple sexual abuse. It is illegal to have sex with a child under the age of 14 if you are 14 or older.
If a 15-year-old boy would rub the breast or vagina of a 8-year-old girl, even if she is a relative, with sexual intent, it would be simple sexual abuse. Juveniles would get a sanction according to their education needs. The same would apply if a boy would masturbate in front of the same 8-year-old girl. There are no sex registration laws in Germany for juveniles or adults.”
What can parents do?
1. Discuss our blog on the laws for Sex Between Minors in California with your son and daughter. Even though sex education classes are mandatory in California schools, the laws regarding sex between minors are not taught.
2. If your minor has or is engaged in sexual acts with another minor, first and foremost contact an attorney who has expertise in this area. Why not a therapist? A therapist or counselor is required to report suspected sexual abuse. An attorney is not so required. It is important to consult with an attorney on how to stop the illegal acts occurring. It is also important that the parents of both minors work as a team as to how to deal with what is occurring between the minors to minimize potential juvenile, social and criminal law issues.
3. Contact your California state representatives to change the laws on sex between minors. We don’t have the statistics but we believe a majority of high school students will have engaged in illegal sexual acts between minors before they graduate from high school. It is highly likely they will have committed felony type offenses. The laws in the State of California on sex between minors need revision.
Email us and tell us your comments. If you would like us to do a blog on a particular subject, please let us know. Share experiences you may have had that could be helpful to others. Visit our educational videos on You Tube at JuvenileLawCenter.com or McGlinn & McGlinn, Attorneys at Law.