Introduction

Introduction

Sex and the Law

Lots of things sum up your teenage years and growing up: your first crush, first feelings, being in love, your first kiss, cuddling, your first time, intimacy, familiarity and lots more. These things that can and do happen during these years are beautiful and important experiences, for everyone: regardless of whether you are hetero, lesbian, gay, bisexual, trans*, inter*, queer, questioning or anything else. But there are some legal aspects you and your parents need to know about during this phase of your life. An exciting and stimulating time but also a legal minefield of German laws. Read on to find out what is forbidden and what is allowed.

Please remember: These laws and regulations that we have summarised for you here are only valid in Germany! When going on holiday do remember that different legal provisions may be in place at your destination.

From Article 1 of the German Constitution:

"The dignity of the human being is inviolable,"  this fundamental and universal value naturally also applies in sexuality. 

Article 2 of the German Constitution states:

“Every person shall have the right to free development of his personality …”, this obviously also includes their own sexuality.

This means every person has the right to be how they want. That they can live out their sexuality as they wish, obviously as long as this does not harm others, exceed legal limits and as long as both individuals consent.

But what does “sexual self-determination” actually mean?

Sexual self-determination means that everyone has the right to freely determine their own body and sexuality. You therefore have the right to decide for yourself about your sexual orientation, your sexual identity, your choice of sexual partners, sexual practices and the form of sexual relationships. You also have the right to education and information. Sexual self-determination also means that no one is allowed to force you to perform sexual acts and that you are allowed to defend yourself against assault. Sexual self-determination applies to everyone, as long as you do not harm anyone else, do not cross any legal boundaries and both parties are in agreement.

In the case of young persons, § 1 JuSchG (Paragraph 1 of the Youth Protection Act or “Jugendschutzgesetz”) still applies because

  • Persons under 14 are children and

  • Persons who are 14 or over but not yet 18 years of age are still underage

and therefore subject to different legal provisions depending on their age.

In Germany young persons from their 14th birthday have the right to sexual self-determination. Basically, young persons can therefore live out their sexuality freely from this age.

But Beware!

Under certain circumstances (like a lack of maturity) there are graduated legal provisions which make living out your sexuality forbidden.

Regulations on sexual self-determination

There are various legal regulations on sexual self-determination in Germany. The laws protect the right of every individual to decide freely about their sexuality. In Sections 173-184 of the German Criminal Code (StGB), the German legislator attempts to protect all persons, and in particular children and young people, from sexualised violence. If someone violates the right to sexual self-determination, this is a punishable offence.
The paragraphs that are intended to protect you always refer to ‘sexual acts’. The term ‘sexual act’ covers a wide range of behaviour that is sexually related. This includes not only sexual intercourse, but also, for example, intensive cuddling, petting, touching of the genitals, exposing and/or masturbating in front of children and adolescents, showing or telling about pornography, penetrating with a finger, or using a sexual partner.
pornography, penetration with a finger or other objects or any violation of the genital area by taking pictures, etc.