Sexual abuse of children (Germany)

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Sexual abuse of children describes voluntary sexual acts with, on or in front of children , which are without exception punishable in Germany. It is an abstract dangerous offense . The protected legal interest is the "undisturbed sexual development" of children. According to German criminal law , children are people who have not yet reached the age of fourteen.

Non-legal aspects or the legal definition in other countries is dealt with in the article Sexual abuse of children .

Statistical data

There is no systematic recording of all cases. The WHO estimates the number of cases in Germany at 1 million affected people.

For all statistics, a distinction must be made between cases actually recorded and estimates.

The number of criminal complaints for sexual abuse of children per 100,000 inhabitants per year between 1955 and 1965 was over 30, between 1995 and 2008 under 20, in 2009 under 15, and in 2012 16. According to police crime statistics, 92% of sexual abuse occurs in Age from 6 to 14 years. 8 percent of the victims are very young children between 0 and 6 years of age. Among the suspects are 8% children and 21% adolescents.

In 2019, the police recorded 15,701 children in Germany who were victims of sexual abuse.

The estimated number of unreported cases is between 1:15 ( Federal Criminal Police Office ) and 1:20 (Kavemann and Lohstöter), every 15th to 20th abuse is reported, of which every fifth case comes up for trial, i. H. only about 1% of cases of abuse go to court. It is assumed that the total number of reported and unreported cases of sexual abuse in Germany is more or less constant or is falling.

Girls are about three to four times more likely to be sexually abused than boys.

According to studies, the ratio of female perpetrators to male perpetrators is 1: 9.

According to a retrospective survey of German-speaking adults, at least one incident of sexual abuse with physical contact up to the age of 16 was affected: 8.6% of women and 2.8% of men. Of these, 3.3% of women and 0.9% of men had been subjected to sexual abuse with penetration. See also childhood trauma .

According to official statistics from the federal government, 93% of the perpetrators are known to the child, two thirds of them belong to the family or their immediate environment. A large part of sexual abuse is committed in the family or immediate environment of the victims. Denial and secrecy are common, as disclosure of abuse can pose an existential threat to the entire family system.

Raising awareness through media coverage

Canisius College

The topic of child abuse in institutions was taken up in the German media from January 28, 2010 through the article "Canisius-Kolleg: Cases of abuse at Berlin's elite school" in the Berliner Morgenpost and discussed publicly. This article, which was awarded and honored with the watchdog prize of the German daily press , described cases of abuse that had become known in a similar way more than a decade earlier at another institution, the Odenwald School . The only medium that dealt with this hitherto concealed scandal was the Frankfurter Rundschau in 1999 with its article “The paint is off” . The facts described in this article have been withheld and ignored by other media and in society.

It took more than 11 years until the atrocities described in the article were discussed and discussed in public in Germany. It was only after the public debate that many victims dared to speak out about having been victims of sexual abuse in their childhood. The media have helped to raise society's awareness of the issue. They also helped the victims by no longer blaming themselves for what had happened, but were now aware that they had been wronged. In these cases, the media coverage gave the victims strength to address the crimes and begin to process their experiences that they had buried within them for years. By continuing to make society aware of the issue through the media, children can be protected. The chances that signs of sexual abuse will be recognized and perceived as such and that something will be done about it can be considerably increased by the public attention and media presence of the topic. Children also notice that these topics must not be kept secret and that if they are concerned they can defend themselves and expect help. On the other hand, there is criticism that the media portray the topic in a one-sided manner and do not do the children justice.

Operation sugar

The film “ Operation Sugar . Jagdgesellschaft ”reported on a child molester ring in Potsdam,“ organized up to the highest levels of politics, society and the judiciary ”. The research led to insights into "organized sadism". Johannes-Wilhelm Rörig , the Independent Commissioner for Issues of Child Sexual Abuse, confirmed that the reality is "much worse than what was shown in the film."

Normative bases

In Germany , sexual abuse of children is punishable under Sections 176 ff. StGB . These include:

Note: The maximum amount of the early imprisonment is fifteen years according to § 38 Abs. 2 StGB. A threat of imprisonment not less than x years therefore means imprisonment from x to fifteen years.

Development of the legal situation

From January 1, 1872 to June 30, 1968 ( GDR ) and November 27, 1973 ( Federal Republic of Germany ), sexual acts with children were punished as follows:

Section 176 Paragraph 1 No. 3 StGB (version 1872–1968 / 1973) - fornication with children

With hard labor (from April 1, 1970, imprisonment) (one year) up to ten years will be imposed on anyone who ... carries with persons under fourteen years of indecent assault or they led to the perpetration of, or submission indecent assault. ... If mitigating circumstances exist, the term of imprisonment (from April 1, 1970 imprisonment) does not apply for less than six months (up to five years).

If the death of the child was caused by the act, the penalty according to § 178 StGB a. F. Prison (from April 1, 1970) Imprisonment for no less than ten years or for life.

The term "sexual abuse of children" was introduced in the GDR in 1968 and in the Federal Republic of Germany in 1973. It is defined as a "sexual act" in which a person under the age of 14 (child) is actively or passively involved. A sexual act occurs when it has a "sexual reference" "according to its external appearance".

In the GDR, the sexual abuse of children was acc. Section 148 of the Criminal Code (GDR) punished with imprisonment for up to five years If the child was seriously harmed by the act or the perpetrator had a previous conviction for such an act, the sentence was two to eight years, in the event of death, five to fifteen years imprisonment.

The minimum sentence in the Federal Republic of Germany has been six months' imprisonment since 1973 (a fine was possible for less serious cases until 2004 ). In 2004, the minimum sentences were differentiated from imprisonment of at least three months (for acts without physical contact, e.g. sexual acts in front of children) to at least ten years (for death). A prison sentence of less than 6 months is i. d. Usually converted into a fine in accordance with Section 47 (2) StGB. One month of imprisonment corresponds to a fine of 30 daily rates.

Since November 5, 2008, all sexual activities of a child without physical contact with another person (then Section 176 (1) or (2) StGB is relevant) have been recorded by Section 176 (4) number 2 StGB.

Statute of limitations

Offenses of sexual abuse of children (without rape), which were committed before June 30, 1984, expire on June 30, 1994. In their 10-year limitation period began with the completion of the act. The introduction of the statute of limitations on June 30, 1994 no longer affected these old cases.

Since then, the statute of limitations has been suspended until the 18th / 21st / 30th. Age of the injured party introduced in Section 78b (1) No. 1 StGB.

The maximum punishment threatened was 10 years until 1998, since then in the cases of § 176a StGB it has been 15 years and in the case of death again with life imprisonment (§ 176b StGB, between 1973 and 1998 the offense resulted in a death sentence with imprisonment of five to fifteen Years punished).

Today's criminal law meaning

The sexual abuse of children according to § 176 StGB is an offense according to § 12 Abs. 2 StGB , since the minimum sentence is imprisonment under one year. The act is an official offense , i. H. it is always prosecuted ex officio , i.e. regardless of the criminal complaint or the will of the injured person or his legal representative. When a case becomes known, the public prosecutor is obliged to investigate and can take action without criminal charges. The proceedings cannot therefore be discontinued at the request of the child or his parents. In contrast to Section 182 (3) of the Criminal Code, no application from the injured party is required to start the investigation. However, with the approval of the court, the public prosecutor's office can discontinue the matter in accordance with Section 153 of the Code of Criminal Procedure , although - depending on the case - it must inform the potential offender.

Sexual abuse of children is an abstract high-risk offense because the legislature was in the dark about the potential harmfulness of sexual assault on children. The protected legal interest is the "undisturbed sexual development of persons under 14 years of age" or (since 1973) "the overall development of the child undisturbed by premature sexual experiences". The legislature assumes a risk to the legal interest or the possibility of the overall development of the child being impaired by sexual acts with him, without having to justify them. For example, counter-evidence based on evidence that damage has not occurred is not permitted in the specific case; on the other hand, proof of the harmlessness of the sexual acts committed for the overall development of the child would be regarded as an adequate means of excluding punishment.

It is therefore irrelevant whether the sexual contacts took place with the consent of the child and what age the perpetrator is. (Exception: A punishment according to § 176a Abs. 2 Nr. 1 StGB presupposes the legal age of the perpetrator.) Children as perpetrators are protected from punishment but not from investigation because of the lack of criminal responsibility, whose age limit is also 14 years. Young perpetrators can also expect legal sanctions. According to the police crime statistics, in around 6 percent of the recorded cases with identified suspects in sexual acts with children, the suspects themselves are children, a total of over 20 percent are children and adolescents.

Child Sexual Abuse: Specification

Section 176 of the Criminal Code is divided into a catalog with physical contacts and those with acts of crime without physical contact . It does not matter from whom the intention originates, it is always decisive that the perpetrator is encouraged or stimulated. The legislature does not give children under the age of 14 personal responsibility, in contrast to young people ( Section 182 StGB - sexual abuse of young people ).

Act without physical contact

Since the chat incidents in the USA (so-called grooming ), the initiation of sexual abuse through chat rooms and similar actions has been included in Section 176 (4 ). A distinction is now made here in four points:

Number one assumes that the sexual behavior of an adult - to himself or to a third party - is actively followed by the child and that the child must also be aware of the processes. At times controversial, whether the child has to be in the room or can follow the events or via video transmission. The Federal Court of Justice now assumes that it is sufficient for the child to notice the sexual activities through video transmission.

Number two states that the perpetrator's direction to seduce a child into posing is decisive for criminal liability. The decisive factor is the child's determination to engage in sexual acts on himself; physical closeness is not required.

Number three describes the actual most important part of the new regulations, which now - in addition to visual and acoustic - also revolves around pornographic writings (Section 11 (3)) in order to induce a child to engage in sexual acts. The text of the law reads:

Section 176 (4) No. 3 StGB: A prison sentence of three months to five years is punished for anyone who ...
3. Acts on a child by means of writing (Section 11, Paragraph 3) or by means of information or communication technology in order to induce them to engage in sexual acts that they undertake on or in front of the perpetrator or a third party or by the perpetrator or a third party should have ...

Up to now, the objective feature has been fonts, i.e. letters, data storage devices and the like. It was controversial whether electronic, non-physical sending of messages (so-called chats) is sufficient to meet the requirement of “writing”. Above all, it was assumed that the impact does not come from data carriers (e.g. the handing over of CDs), but from the intangible sending of messages .

It is now generally recognized that SMS, chats or other electronic transmission channels are not physically perceptible writings within the meaning of Section 11 Paragraph 3. In contrast to German law, the European Union focused on the content and transmission channels and not on the carrier media as relevant. Therefore, not all cases were recorded in the previous No. 3.

In the run-up to the amendment to the law, the so-called real-time transmission, which is now considered the standard, was critically discussed: "It is extremely controversial whether chatting via real-time transmission without intermediate storage in the recipient's memory can be viewed as writing, because the one in § 11 is missing here Paragraph 3 required embodiment. "

Finally, number four deals with the spatial effect of visual images or illustrated writings or corresponding erotic speeches. It is not necessary here that sexual acts occur.

The act of “offering” ( para. 5 ) does not refer to a specific child and can therefore already be fulfilled even if the supposedly offered child does not exist at all.

In contrast to the other cases, the attempt is not punishable under Section 176 Paragraph 4 No. 3 and 4 StGB (Section 176 Paragraph 6 StGB).

Serious child sexual abuse

The serious sexual abuse of children according to § 176a StGB is a crime according to § 12 Abs. 1 StGB , since the criminal minimum, apart from less serious cases, is imprisonment of 2 years (a crime is already a crime if the criminal minimum , according to Section 12 (3) StGB, irrespective of minor or particularly serious cases, is imprisonment of one year).

Organized abuse in Germany

In addition to individual offenses in families, among friends and acquaintances, in sports clubs or at schools, there are organized forms of violence in Germany such as ritualized abuse (e.g. Satanism), but also child pornography and child prostitution.

"In organized and ritual structures of violence, the systematic use of severe sexual violence (in connection with physical and psychological violence) against children, adolescents and adults is made possible through the cooperation of several perpetrators or networks of perpetrators and is often associated with commercial sexual exploitation (forced prostitution, trafficking in Children, child / violence pornography). If an ideology is used to justify or justify violence, this is called a ritual structure of violence. "

GDR

In the GDR, abuse did not officially occur and was systematically hushed up, since such a relationship in a socialist society did not appear possible and could not be explained. The process of coming to terms with it is still not finished, questions about compensation are open, the commemoration and remembrance are only fragments. Incidents of systematic abuse are known from children's homes. The sexual abuse in these homes "appears to have been considerable".

Commemoration

Memorial sites for victims of abuse and crime scenes have so far only existed in individual cases, for example at the court of the Hochzoll Children's, Youth and Family Aid to commemorate the abuse and abuse of victims in this Catholic institution in the early years of the Federal Republic of Germany. "With this memorial a sign should now be set for openness, honesty, transparency, regret and the ability to learn", says Ulrich Lorenz, the general manager of the child, youth and family welfare service in Hochzoll.

Official government support portal

Since the path to counseling or therapy is not always easy, those affected can also turn to the government's help portal for sexual abuse. It does not replace the necessary personal help on site; "but wants to be a good guide to find this important help quickly - for those affected and for people who are close to them, but also for specialists who are looking for more information on the subject." The help portal emerged from the recommendation of the former round table “Sexual Child Abuse”.

Abuse Officer

The Independent Commissioner for Issues of Child Sexual Abuse is the Federal Government's office for the concerns of those affected and their relatives, for experts from practice and science as well as for all people in politics and society who are committed to combating sexual violence. According to the presentation of the portal, tasks are:

  1. Information, awareness-raising and education on topics of sexual violence against children and adolescents,
  2. Support for the sustainable improvement of protection against sexual violence against children and adolescents and help for people affected,
  3. Identification of legal needs for action and research gaps in the field of sexual violence against children and adolescents,
  4. Perception of the concerns of people who suffered sexual violence in their childhood or adolescence,
  5. Ensuring a systematic and independent processing of child sexual abuse in Germany.

Independent commission

The independent commission investigates all forms of child sexual abuse in the Federal Republic of Germany and the former GDR. She wants to "show the extent, nature and consequences of sexual violence against children and young people and thus initiate a broad political and social debate on a topic that is still taboo." The commission is independent in its work. Committee members work on a voluntary basis.

Expert group "Sexualized violence in organized and ritual structures of violence"

The specialist group “Sexualized violence in organized and ritual structures of violence” at the Federal Ministry for Family Affairs “Recommendations for Politics and Society” deals with recommendations for action to supplement the program of the Independent Commissioner for Questions of Sexual Abuse of Children. These are to be used as a basis for updating the Federal Government's measures.

See also

Individual evidence

  1. ↑ WORLD: Sexual violence: Child abuse more widespread than assumed . In: THE WORLD . February 23, 2016 ( welt.de [accessed April 14, 2020]).
  2. ↑ a b c Prof. Dr. Renate Volbert & Dipl-Psych. Anett Galow: Sexual Abuse: Facts and Unanswered Questions. June 2010, archived from the original on June 25, 2013 ; accessed on February 18, 2017 .
  3. ↑ 12,623 cases according to selfies as pedo-criminal merchandise , FAZ, March 19, 2014
  4. ↑ statista
  5. ↑ PKS 2016 key 131000
  6. ↑ Number of victims of sexual abuse of children in Germany up to 2019. Accessed June 13, 2020 .
  7. ↑ Ursula Wirtz .: Soul murder - incest and therapy . Kreuz-Verlag, ISBN 978-3-7831-1963-3 , pp. 22nd ff .
  8. ↑ Andreas Jud, Miriam Rassenhofer, Andreas Witt, Annika Münzer & Jörg M. Fegert: EXPERTISE - information on the frequency of sexual abuse. https://beauftragter-missusen.de/presse-service/literatur-und-medien/?L=0
  9. ^ Wetzels P. Experiences of violence in childhood. Sexual abuse, physical abuse and its long-term consequences . Nomos, Baden-Baden 1997, p. 154 ff.
  10. ↑ Information from the Federal Government
  11. ↑ Independent Commissioner of the Federal Government, Dr. Christine Bergmann , former Federal Minister D. In: mandated-abuse.de.
  12. ↑ Sexual Abuse: Facts and Open Questions . - Round table of the federal government on the subject of child sexual abuse. In: ( rundertisch-kindesmissusen.de, PDF 492 kB ( Memento from June 25, 2013 in the Internet Archive )).
  13. ↑ Police crime prevention of the states and the federal government. In: polizei-beratung.de.
  14. ↑ Strasbourg, Dacheneder, Kreß: Developmental disorders in children , Urban & Fischer, 2nd edition 2003, ISBN 3-437-22221-X , p. 152 f.
  15. ^ Online article "Canisius-Kolleg: Cases of abuse at the Berlin Elite School" in the Morgenpost from January 28, 2010.
  16. ↑ Online article Der Lack is from the Frankfurter Rundschau on November 17, 1999.
  17. ↑ http://www.medizin-im-text.de/blog/2011/5190/sexueller-missrauch-in-den-medieneinseiten-nein-sage-beitraege/
  18. ↑ What is true about the ARD film about child abuse. Retrieved April 13, 2020 .
  19. ↑ a b c d prison sentence was always at least one year, prison sentence a maximum of five years; §§ 14 and 16 StGB old version. On April 1, 1970, they were replaced in the Federal Republic by imprisonment.
  20. ↑ 4th StrRG of November 23, 1973 ( BGBl. I p. 1725)
  21. ↑ Act for the implementation of the framework decision of the Council of the European Union to combat the sexual exploitation of children and child pornography of October 31, 2008 ( Federal Law Gazette I p. 2149 )
  22. ↑ Sexual Abuse of Minors: Necessary Reforms in the Criminal Code , Prof. Dr. Tatjana Hörnle / Stefan Klingbeil, LL.M. (Yale) / Katja Rothbart, page 28/29
  23. ↑ 30 years for crimes that were committed after January 27, 2015 or were not yet statute-barred at this point in time, for further details see overview of changes in law regarding statute of limitations , publisher: Federal Coordination of Specialized Expert Advice against Sexual Violence in Childhood and Adolescence
  24. ↑ Sexual contact with children at the crime scene Internet; What is really punishable, maybe , lto.de; Gercke / Brunst, Praxishandbuch Internetstrafrecht , p. 159; Duttge / Hörnle / Renzikowski, NJW 2004, p. 1067 f.
  25. ↑ The protection of children and adolescents under criminal law p. 4 Prof. Dr. Joachim Renzikowski; see. Hörnle in: LK (FN.12), § 176 Rn 90; For more information on this question, which is controversial at the highest court and has not yet been clarified, see: Radke, in: Munich Commentary on the Criminal Code : Beck, vol. 1, 2nd edition 2011, § 11 Rn 147 f.
  26. ↑ BGH, decision of 09.10.2012 - 4 StR 381/12
  27. ↑ Kownatzki, R., Eilhardt, S., Hahn, B., Kownatzki, A., Fröhling, U., Huber, M., Rodewald, F., Gast, U., AG ritual violence Ruhrgebiet Witten, AG RG der ISSSD (2011). Ritual violence. Survey study on satanic ritual violence as a therapeutic problem. Psychotherapist 2011, DOI 10.1007 / s00278-010-0786-z.
  28. ↑ The fight against ritual and sexual violence - between fear and coming to terms with it. Accessed April 14, 2020 (German).
  29. ^ Doreen Reinhard: The organized taboo of the GDR. In: The time . October 11, 2017, accessed April 14, 2020 .
  30. ^ WORLD: Jugendwerkhof Torgau: Abuse also in GDR children's homes . In: THE WORLD . April 1, 2010 ( welt.de [accessed April 14, 2020]).
  31. ^ Press Augsburg: light and dark sides | Memorial dedicated to victims of abuse of the Catholic Church. In: Press Augsburg. August 3, 2016, accessed on April 14, 2020 (German).
  32. ↑ Start page - Help portal for sexual abuse. Retrieved April 14, 2020 .
  33. ↑ Independent Commissioner for Issues of Child Sexual Abuse - UBSKM. Retrieved April 14, 2020 .
  34. ↑ About us - The commission introduces itself • Processing commission. In: Processing Commission. Accessed April 14, 2020 (German).
  35. ↑ https://www.dgfpi.de/files/homepage/Aktuelles/News%202018/2018-04-13-Fachkreis_Empfehler_Fachtag-sexualisiert-Gewalt-in-organi-u-rituellen-Gewaltstruktur.pdf