The age of sexual consent in Germany

Besides the FAQ on my blog, my AllExperts profile is one of the best sources on German law for English speakers, with over 1,000 answered questions already.

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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