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