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 their predicament (§ 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 predicament 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.

Links:

About Andreas Moser

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

6 Responses to The age of sexual consent in Germany

  1. Conrad says:

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

  2. Dino Bragoli says:

    I was surprised as I was for the Italian age also at 14. The UK is 16, which is better?

    • vint says:

      Neither is “better”: humans are STILL children at the age of 14…15…16…even 17 and 18. And, let’s face it, even science has determined that most of us don’t mature until the mid- to late 20s. So for ANY country (or state in the USA) to approve of a child having sex with an adult is a moral and ethical crime.

    • Steffen Schuchardt says:

      The law in Germany states that they are not children from the age of 14, so it is perfectly safe to have sex. The age of criminal responsibility is 14 too, so they can be younger. Your american morals are outdated. So is your development.
      It is sick to put children into prison for having sex with each other. I would move out of the US to protect my children.

  3. Mohamed says:

    My girlfriend will be 18 years July 11 and I’m 23 years. it’s a crime have have sex after her birthday?

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