You are here:

German Law/Age of consent in Germany

Advertisement


Question
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?

Answer
Hello Mike,

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 of 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! ;-)

Andreas Moser
www.andreasmoser.wordpress.com  

German Law

All Answers


Answers by Expert:


Ask Experts

Volunteer


Andreas Moser

Expertise

Extensive experience in international family law, especially international child abductions and child custody cases. All other areas of German law as well: constitutional law, criminal law, business and contract law, immigration law, inheritance law, and so on.

Experience

Lawyer in Germany from 2002 to 2009. Lawyer for US Army JAG Corps before. Bar-certified specialisation in family law and in administrative law. Articles and lectures about international and domestic family law.

Publications
www.andreasmoser.wordpress.com

Education/Credentials
2000 Law Degree from University of Regensburg, Germany 2002 admitted to the bar (until 2009) 2013 MA Philosophy at the Open University, UK

©2017 About.com. All rights reserved.