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» Economics » Sexualstraftat » Topics begins with C » Cancellation of the Sexualstrafrechtes

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In and the 80's 70's the Sexualstrafrecht was very disputed. Many liberals and Green wanted a change. Among other things also a complete abolishment of the Sexualstrafrechtes including "§ 176 StGB was discussed. This discussion was rejected by the broad public usually and led 1985 to a scandal around the Greens (the so-called Kindersexskandal), where the national working group had submitted "gays and "in the election of the federal parliament fight North-Rhine/Westphalia a discussion paper, which demanded explicitly the abolishment "§ 176 StGB.


The 13. Section of the German penal code regulates the criminal offences against the sexual self-determination. The Inzest paragraph becomes however that 12. Section assigned. Up to the large penal reforms 1969 and 1973 was generally punishable except-conjugal Homosexualit¤t and Pornografie and protection property was also the morality and public moral.

Discussion of the 1970er and 1980er years

In the 1970er and 1980er years was there a lively debate over the punishability of the and the cancellation "§ 175 StGB.

tried to use this discussion for their interests and recruited - partly successfully - in the gay movement around solidarity and assistance with their request of the abolishment "§ 176 StGB.

Also parts of the Kriminologie and the Sexualwissenschaften discussed in the consequence "of the sexual revolution "the End-1960er and 1970er years this topic controversially and pleaded for new handling with the It distinctive thereby between documents and sexual abuse. This view is not no more represented by most scientists since the 1990er years.

Discussion within the party the GREENS

Also within the party at that time the GREENS there were discussions around an abolishment of the Sexualstrafrechts, and concomitantly around an abolishment "§ 176 StGB over the sexual abuse of children. An appropriate discussion paper, which was decided under the title and rule "by the working group "gays and "of the regional organization North Rhine-Westphalia, ensured in the election of the federal parliament fight 1985 for excitement ("Kindersexskandal ") and in the press and public as voucher for a attitude within the GREENS was broadly quoted.

Demands for core of the paper were

  • Cancellation of the paragraphs 174 to 176 of the StGB, which places the sexual abuse of prisoners and patients as well as dependent one, homosexual actions at young people as well as the sexual abuse of children under punishment;
  • each sexual action, which is force-free exercised under the involved ones, must be exempt from punishment (distinction between "sexual abuse by force "and force-free "Kindersex ").

In detail it means in the paper:

  • "concerted (is) a form of communication between humans of any age, sex, to protect religion or race and before each restriction " Frankfurter Rundschau, 16." March 1985, P. 3
  • Sex with children is "for both parts pleasantly, productively, development-promoting, briefly: positively "the world, 20." March 1985, S.4
  • "Concerted ones sexual relations may not be kriminalisiert in principle "the world, 20." March 1985, S.4
  • it is not adds the fact that adults take, "the sexual desires of children and young people seriously and up to ten years threatens affectionate relations with them maintained ", with prison 16." March 1985, S.3

Also with "the pragmatic Greens "in the party it was at this time to a large extent undisputed that for it a substantial demand was loosening the criminal offence existence in "§"§ the 174 to 184 StGB. The world, 20." March 1985, S.4

This discussion paper became to 9. March 1985 from the national delegate conference in load-separate with 76 to 53 voices by the majority accepted and (with the status Diskusssionspapier as appendix) taken up to the electioneering program of the North-Rhine/Westphalia Greens. However - probably due to the public discussion - a revised version of the program was a little later decided, in which this demand does not emerge any longer. Raschke 1993:360

A strong public pressure developed. Many master voters stayed away from the choice or selected another party (mostly FDP or SPD). Also on the public pressure the party moved away clearly in later years from the position after a complete cancellation of the The green politician Volker Beck advanced the introduction "§ of the 176a StGB (heavy sexual abuse of children) after discussions with victim protection organizations strongly.

Discussion in the ILGA

By an initiative of the US Government at the beginning of the 1990er became years admits that in that Lesbian and Gay Association (ILGA) were international also the Northamerican one/Boy Love Association (NAMBLA) and organizations like the resident of Munich association for sexual equal rights or Federal association (BVH) with own working groups member. The ILGA decided to the exclusion of and organizations, which supported This decision was supported by the lesbian ring and the lesbian and gay association in Germany (LSVD) with. The ILGA lost its status nevertheless as NGO at the United Nations due to these facts, and despite the exclusion of to today no LGBT organization this status ever again attained.

See also

  • Child abuse

Literature data

  • Raschke, Joachim (1993): THE GREENS: As became like it, which they are, Cologne: Federation publishing house, esp. P. 360 FF. to the regional organization North Rhine-Westphalia.


Further source material to the resolution: Sp, 12 February 1985, P. 10; FAZ, 16 February 1985, P. 3; FR, 16." March 1985, S.3; World, 20." March 1985, P. 4; Mirror, NR 13/1985, P. 47 - 52; FAZ, 29." March 1985, S.5

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