Revision of the Criminal Code as of 01.07.2024

Am 01.07.2024 The revision of the sexual offense law comes into force. This includes several changes to the Criminal Code (StGB): The requirement of threats, coercion, or the use of force under the current law no longer applies. As of the middle of the year, this will no longer be a prerequisite. The new rule is "no means no." To constitute rape, sexual assault, or sexual coercion, it is sufficient to override the victim's expressed will. The victim can express this through gestures or words. The state of shock, known as freezing, is also considered a rejection, in which the victim freezes in fear and is thus unable to express themselves or defend themselves. The definition of rape is also being expanded to include "all acts similar to sexual intercourse" and is now gender-neutral. This means that anyone of any gender can now be a victim of rape. According to the current law, only females can be victims of rape. In the articles on sexual acts with children and sexual acts with dependents, the exemption from punishment is removed if the victim is married or in a registered partnership with the perpetrator. In addition, a new Article 193a is introduced, which criminalizes deception about the sexual nature of an act. Anyone who, in the course of a professional or organized non-professional activity in the healthcare sector, deceives a person about the nature of a sexual act or exploits their mistake will be punished with imprisonment of up to five years or a fine. Another new Article 197a will be introduced, which criminalizes the unauthorized forwarding of non-public sexual content. Anyone who forwards non-public sexual content to a third party without the consent of the identifiable person will be punished, upon complaint, with imprisonment of up to one year or a fine.    

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