No means no!
This means that even a simple "no" from the victim makes the perpetrator's action a criminal offense. Remember: every person has the right to say "no" at any point in an encounter where they feel uncomfortable. There is no such thing as "too early" or "too late". The perpetrator must only be able to clearly recognize that the sexual acts are not desired. If the victim cannot express their rejection in words, they can show the perpetrator that they do not want the sexual act by turning away, making themselves as stiff as a board, pushing away, crying, etc. The relationship of the victim to the perpetrator is irrelevant for the realization of an offence (married, friends, relatives, acquaintances or strangers). All sexual acts unwanted by the victim are punishable.
Sexual offenses do not always result in physically visible injuries. The psychological consequences for the victim can be just as severe. Depending on their personality, people react very differently to a sexual offense. Some are completely distraught and desperate, others appear calm and composed. Many victims hardly talk about the crime because they are ashamed and fear that they will not be believed or that they will be blamed. Especially in cases where victims know the perpetrator personally, may have had a date with them or invited them into their home, they feel partly to blame themselves. However, the responsibility lies solely with the perpetrator. The victim is never to blame!
File a criminal complaint! This is the only way to punish the perpetrator and protect other victims.
The police help victims of sexualized violence
What to expect when you go to the police
The police will take the first necessary information about the crime. You will provide more details later in your detailed statement to the criminal investigation department. If you would prefer to make your statement to a woman rather than a man (or vice versa), the police will try to make this possible.
In the case of sexual offenses, it is important for the criminal investigation department to get an overall picture of you and your life situation. This may also include questions about your intimate life, which the officers will ask in an objective manner. However, such questions will be limited to what is absolutely necessary.
If you have not been medically examined before making a report, the police will take you to a hospital or medical practice. There, a specialist will examine you gynecologically or physically and provide you with medical care (including initial treatment of physical injuries, pregnancy and AIDS tests). Traces will be secured, which may later be used as evidence.
You can file a written complaint (also via a lawyer) directly with the public prosecutor's office or the police. If additional information is required, the criminal investigation department may invite you to an additional witness interview.
Further information on the topic of victim protection here.
No one has to put up with verbal harassment or physical assault - not even if acquaintances or friends are the perpetrators:
- Say clearly that you do not want to have any contact with the person in question, e.g. "Leave me alone!"
- If someone comes too close to you physically, make it clear that you do not want to be touched
- If possible, ask the staff at the restaurant or event for help
- Contact the police on 110 if you are acutely threatened.
- Remember: Sexual harassment is a criminal offense. As a victim, you have the right to report it to the police
In terms of criminal law, sexual offenses are regulated in particular in § 174 to § 185 of the German Criminal Code (StGB). Any sexual act that occurs against the recognizable will of the victim is covered here.
In 2017, the law on sexual offenses was amended. The reform of sexual criminal law fundamentally redesigned section 177 StGB and gave it a new structure. The newly introduced basic offense of sexual assault does not require any actual coercion. In addition, Section 184i StGB (sexual harassment) and Section 184j StGB (group offenses) were introduced as new standards. § Section 179 StGB was repealed. The new § 177 StGB criminalizes relevant criminal acts to the detriment of persons incapable of resistance.
These changes to sexual criminal law mean that comparability with the police crime statistics (PKS) of previous years is only possible to a limited extent. Sexual harassment was recorded in the PKS for the first time in 2017. 2,810 cases were attributable to this newly introduced offense. It is an offense that was classified as insult on a sexual basis under criminal law until 2016.
