Sex crimes law
Being accused of a sex crime has an enormous impact on the suspect and leads to a social stigmatization. In the past few years the criminal law on sexual offenses has been heavily extended: just like in many other nations #metoo has arrived in Germany and left its marks on legislative activities.
Defense strategies in trials concerning sexual offenses are complex and a challenging task.
The laws related to sexual offenses are stated in §§ 174 - 184j of the German criminal code "Strafgesetzbuch" (StGB). Criminal investigations concerning criminal charges of sexual abuse, sexual assault, rape, possession and spreading of child pornography material and sexual harassment are quite common and often take place in the setting of dates and other social events.
The first objective in this situation is to avoid a public trial by any means. It is therefore necessary to develop a detailed and convincing statement during the investigation proceedings. This improves the chances of reaching the aim of a termination of the proceedings drastically, for example due to a lack of adequate suspicion or on orders the suspect has to fulfill.
A specificity of criminal law related to sex offenses is the constellation where one person's word stands against another's. This means the testimony of the allegedly damaged party is the base for the initiation of the investigation proceedings. It is essential for the defense to identify inconsistencies and false accusations and at the same time precisely counter the pre-judgment of the alleged offender. Depending on the individual case it can be necessary to request a psychological report on the testimony to evaluate the credibility of the witness for the prosecution.
The following offenses are frequently occurring (this list is not exhaustive):
- sexual abuse of persons in ones charge, § 174 StGB
- sexual abuse of children, § 176 StGB
- sexual assault/rape, § 177 StGB
- promotion of sexual acts by minors, § 180 StGB
- exploitation of prostitutes, § 180a StGB
- pimping, § 181 StGB
- sexual abuse of juveniles, § 182 StGB
- causing punbic nuisance, § 183a StGB
- dissemination of pornography, § 184d StGB
- acts of exhibitionsm, § 183 StGB.
Have you received a notification of hearing from the police, a penalty order or an indictment? Then do not hesitate and contact us. We provide advice without prejudice and handle your case professionally.
Call 040 44 55 66 or send an e-mail to info@hanse-strafrecht.de.
