Revision of the Criminal Code as of 01.07.2024

The revision of sexual criminal law comes into force on 01.07.2024. There will be several changes to the Criminal Code (StGB): The requirement of the still applicable law of threat, coercion or use of force will no longer apply. From the middle of the year, this will no longer be a requirement. “No means no” will now apply. For the offense of rape, sexual assault or sexual coercion, it is sufficient to disregard the expressed will of the victim. The victim can express this in the form of gestures or words. The state of shock, known as freezing, is also recorded as a refusal, as the victim freezes in fear and therefore has no opportunity to express themselves or defend themselves. The offense of rape is also extended to include “all acts similar to sexual intercourse” and is now formulated in a gender-neutral way. This means that all persons of any gender can now be victims of rape. Under the current law, only women can be victims of rape. In the articles on sexual acts with children and sexual acts with addicts, the exemption from punishment is deleted if the victim lives with the perpetrator in a marriage or registered partnership. In addition, a new Article 193a will be introduced, which makes deception about the sexual nature of an act a punishable offense. Anyone who deceives a person about the nature of a sexual act or takes advantage of their error in the context of a professional or organized non-professional activity in the healthcare sector is punished with a prison sentence of up to five years or a fine. A further new Article 197a is introduced, which makes the unauthorized forwarding of non-public sexual content a punishable offence. Anyone who forwards non-public sexual content to a third party without the consent of the identifiable person will be punished with a custodial sentence of up to one year or a fine.

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