Sexual abuse of wards
Sexual abuse of wards referred to as a form of sexual abuse acts of a person with minors if there is an upbringing, training or care relationship between the person and the minor (from the age of 16 onwards, only the exploitation of a minor is justified Dependency is punishable; the exploitation of the dependency of an employment or employment relationship with minors is also punishable) or the minor is a biological or legal descendant (e.g. children, grandchildren) of the offender or his spouse or partner or a person acts with whom he lives in a marriage-like or civil partnership -like community.
In Germany, this act is punishable by Section 174 of the Criminal Code .
In the school context, the sexual abuse of charges in accordance with the will school laws of the Länder also service law sanctioned. Since January 2013, in Section 25 (3) of the Rhineland-Palatinate School Act, sexual contact between teachers and students at a school has been expressly declared inadmissible. This innovation arose on the occasion of a controversial ruling by the Higher Regional Court Koblenz from 2011, which acquitted a teacher of the charge of sexual abuse of wards under Section 174 (1) No. 1 of the Criminal Code because the teacher was a substitute teacher several times, but neither a class teacher nor a subject teacher of the affected persons 14-year-old student and therefore no custody relationship could be determined. In another case, the Federal Court of Justice issued a similar decision on April 25, 2012.
Since January 2015, it has therefore been sufficient for the minor to be entrusted to an educational, training or care facility in which the perpetrator works (e.g. school) if the perpetrator is entrusted with other minors there for education, training or care (From the age of 16, only the use of the position is punishable).
Sexual acts with addicts (Art. 188 StGB ) and the exploitation of an emergency (Art. 193, Paragraph 1 StGB) are comparable in Switzerland .
Web links
- Art. 193 (PDF file; 563 kB) StGB (Switzerland)
- Requirements according to Swiss law
Individual evidence
- ↑ OLG Koblenz , judgment of December 29, 2011, Az. 1 Ss 213/11, full text .
- ↑ The School Act places a strict taboo on sexual relationships with pupils. Ministry of Education, Science, Further Education and Culture - Rhineland-Palatinate, January 31, 2013, accessed on May 26, 2013 .
- ↑ Sexual Criminal Law and Age Limits. Right index, accessed May 26, 2013 .
- ↑ § 25 School Act (SchulG) - Rhineland-Palatinate state law. Retrieved May 26, 2013 .
- ^ BGH, decision of April 25, 2012, Az. 4 StR 74/12, full text .
