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» Economics » Sexualstraftat » Topics begins with P » Protection age

Page modified: Wednesday, July 13, 2011 01:34:01

Protection age one calls the age, from which a person is regarded legally as consentable concerning sexual actions. Sexual actions between persons below protection age and persons above the protection age are criminally pursued in accordance with the principle. In many countries there are there laws due to this very day a protection age for Homo and heterosexual, different to the


A uniform protection age for sexual actions does not exist. Rather different borders depend fixed for the protection age, on the age of the involved ones as well as the circumstances, under which it comes to the actions. Generally it applies in the Sexualstrafrecht that the importance threshold is differently settled concerning sexual actions depending upon facts. In former times the punishability in Germany depended also in the context "§ 175 StGB (homosexual actions) of the sex, this regulation was however unconstitutional, the standard was abolished.

Protection age 14 years

The lowest protection age for sexual actions is in Germany in case of the sexual abuse of children after "§ 176 penal code about 14 years. Sexual actions with children under 14 years are in principle forbidden in Germany. Author can be each person here, those 14. Lebensjahr completed.

Protection age 16 years

Sexual actions of adults with 14 - know until young person in Germany according to the regulations of the sexual abuse of young people after "§ 182 StGB are punished. The adult makes itself punishable in each case, if the sexual action takes place against payment and/or is used a position of constraint of the young person. If the adult 21. Lebensjahr completed, becomes it because of sexual actions with 14 - until young person punishes, if a legal representative of the young person places charge and tightens in the criminal procedure the court that the adult used one in individual cases - approximately with the help of an expert - missing ability which can be determined for the sexual self-determination of the young person. If the legal representatives of the young person do not place a charge, the public prosecutor's office can introduce nevertheless a criminal procedure, if a special public interest in the prosecution exists, e.g. because the adult is already relevantly previously convicted.

Because of sexual abuse of protection-ordered in accordance with "§ 174 StGB that is punished, which makes sexual actions with one under young person, if this became to leave to it for education, for training or for support.

Protection age 18 years

Sexual actions with young people between 16 and 18 years are punished after "§ 174 StGB only if the young person is subordinated to the author for education, for training or for support in the entrusted or in the context of a serving or an employer-employee relationship and the associated subordinate position were abused. Punishable is likewise a sexual action with a physical or accepted child, even if no subordinate position were used (Inzest).

Special conditions apply to persons, who educate young person, train and supervise (e.g. youth responsible person, teacher, responsible person von Auszubildenden etc., if these stand for the Jugendlichem/n in a subordinate position to/). Here the protection age is at 16 years. For parents and foster parents the protection age is even about 18 years.


In Austria the protection age is about 14 years. With this age the majority ("§74 paragraph 1) begins. In to regard to meant that that all forms of the sexual contact, with which both agree are permitted in principle, so long both 14. Lebensjahr, it are, one of the persons involved are ripe for certain reasons yet enough completed to see or not act after this insight "the meaning the procedure". ("§207a paragraph 1). In this case sexual actions with this person would stand for 16 under punishment, so long it. Lebensjahr did not complete. In each case sexual actions, with which it does not come to the sexual intercourse, are not punishable however if the disparity in age amounts to no more than 4 years and the younger person younger than 12 years old is not. ("§207 paragraph 4)

<li>"§ 74 paragraph 1 StGB<li>"§ 207 paragraph 4 StGB<li>"§ 207a paragraph 1 StGB

Questions and answers frequently posed to "youth right" (FAQs) on the official side for "legal assistance" of the Federal Republic of Austria


In Switzerland the protection age is about 16 years. Below this threshold age a sexual action is not punishable, if the disparity in age between the involved ones amounts to no more than three years. Kind 187 StGB

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Other states

German penal code

Articles in category "Protection age"

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