The age of sexual consent in Germany

Sometimes, even I get a question that I haven’t had before and which I need to research. For example this week, when a young guy asked:

Is it true that 14 years is the age of consent in Germany?
Is it legal, for example, for a 19-years-old guy to have sex with 15-years-old girl?

My reply:

Yes, the age of consent is 14 years in Germany (§ 176 StGB). As with other statutes in Germany, 14 is the age when a child becomes a juvenile.

For the partner of the 14- or 15-year old, there is no strict age limit, but § 182 III StGB makes it criminal for an over-21-year old to have sex with a below-16-year old if the older partner “abuses the lack of capacity for sexual self-determination” of the younger partner. But this is normally only prosecuted if the victim asks for prosecution (§ 182 V StGB).

It is also a crime to have sex with a person under 18 if you exploit an exigence situation (§ 182 I StGB).

So, to your original question: Yes, if they know each other for some time, maybe are even in a relationship, there is no exigence situation, and the girl knows what she wants, then it’s legal. Obviously, force is always illegal, regardless of age.

Have fun! ;-)

It’s nice that young people nowadays seek professional legal advice before embarking on a romantic adventure.

romantic-couple-wallpapers

“Don’t worry, honey! Mr Moser said everything is legal.”

I guess I might hear from them again in a few months with questions about establishing paternity, child support and child custody.

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About Andreas Moser

Travelling the world and writing about it. I have degrees in law and philosophy, but I'd much rather be a journalist, a spy or a hobo.
This entry was posted in German Law, Germany, Law, Love and tagged , . Bookmark the permalink.

One Response to The age of sexual consent in Germany

  1. Conrad says:

    Yes, and they will also expect it for free, or for 5 dollar :)

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