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 – 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.
Links:
- More useful information about German law.
- And about law in general.
The Happy Hermit 
Yes, and they will also expect it for free, or for 5 dollar :)
I was surprised as I was for the Italian age also at 14. The UK is 16, which is better?
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.
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.
My girlfriend will be 18 years July 11 and I’m 23 years. it’s a crime have have sex after her birthday?
Oh no, you are both adults, you can do what you (both) want!
So, I’m 15 right now, turning 16 in July, my boyfriend is 13 (I feel kinda guilty for that game gab) and he lives in America and I am in Germany, we of course planned on meeting up at some point in our life and I wanted to ask when exactly it would be legal for us to have sex when let’s say he flies to Germany at some point.
Once he’ll be 14, it will be legal under German law.
hello i’m from UK i’m 26 is it legal for me to date a girl who’s 16 and somewhere near under or something like that cause i don’t want to get in trouble
Dating is always legal.
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