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?
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 – or his or her parents -asks for prosecution (§ 182 V StGB).
The “lack of capacity for sexual self-determination” is a rather vague term, of course. In general, the more experienced and the more intelligent the younger partner is, the less risk of committing a crime. If the older partner is dominating or manipulating in the relationship, this can be an indicator for a crime. The age difference can also play a role. For example, a 19-year old boyfriend with a 15-year old girlfriend is less of a problem than a 48-year old dude with a 14-year old girl.
It is also a crime to have sex with a person under 18 if you exploit their predicament (§ 182 I StGB), for example if the girl missed the last bus home and has to stay at your place.
So, to your original question: 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.
I guess I might hear from them again in a few months with questions about establishing paternity, child support and child custody.