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» Personal Loan No Credit Check, Online Economics » Sexualstraftat » Topics begins with S » Sexual abuse of children (Germany)


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Sexual abuse of children is defined in Germany by "§ the 176 StGB (sexual abuse of children). This covers:

  • "§176 StGB of sexual ones abuse of children
  • "§176a StGB of heavy sexual abuse of children
  • "§176b StGB of sexual ones abuse of children with death sequence

"§ 176 StGB Germany in the valid version reads:

"§ 176Sexueller abuse of children

(1) Who sexual actions at a person under fourteen years (child) makes or actually from the child makes leaves, with imprisonment from six months to ten years one punishes.

(2) Likewise it is punished who intends a child for the fact that it makes or from third actually made has sexual actions on third.

(3) In particularly heavy cases is not to be recognized on imprisonment under one year.

(4) With imprisonment from three months to five years, wer1 is punished. , influences 2. a child makes sexual actions before a child intended for it that it actually makes sexual actions, 3. on a child by writings ("§ 11 exp. 3), in order to bring it to sexual actions, which it is to make on or before the author or third or actually let from the author or third make, to oder4. a child by presenting, by playing clay/tone carriers of pornographischen contents or by appropriate speeches affects pornographischer illustrations or representations.

(5) With imprisonment from three months to five years one punishes, who offers a child for an act in accordance with the paragraphs to 1 to 4 or promises to prove or who arranges itself with another to such an act.

(6) The attempt is punishable; this does not apply to acts in accordance with paragraph 4 No. 3 and 4 and paragraph 5.

 

It makes itself thus punishable, who

  • sexual actions at a child makes or actually make leaves,
  • a child requests to make sexual actions on third or from third actually makes to leave,
  • sexual actions before a child makes,
  • a child in addition determines that it actually makes sexual actions,
  • a child by presenting, by playing clay/tone carriers of pornographischen contents or by appropriate speeches affects pornographischer illustrations or representations.

The facts of the sexual abuse became in West Germany with that 4. StrRG from 23 November 1973 (BGBl. I, 1725) introduced up to then valid right replaced to "§ 176 StGB n.F and ("§ 176 (3) a.F. StGB," Unzucht with children "). It defined as a" sexual action ", in which a person under 14 years (child) is active or passively involved. A sexual action is present if it has" after its outside appearance "a" Sexualbezug ".

The minimum measure of punishment was lowered at that time on six months or fine. Both the maximum of the threatened punishment (z.Zt. in the cases "§ of the 176a StGB 15 years), and the conditions of the punishability and other regulations were meanwhile partly again intensified. With the law change to April 2004 the possibility of the fine was abolished, the minimum measure of punishment in some cases was lowered however on three months. Sexual abuse of children is classified as a passing and as Offizialdelikt. Like that the public prosecutor's office is obligated to determine and can without announcement become active when becoming known a case. The procedure cannot be stopped thus any longer when desired parents.

The sexual abuse of children is an abstract (Trndle, run hut). The protected right property is the "unimpaired sexual development of persons under 14 years" and/or "the total development of the child" protected by premature sexual experiences. The legislator accepts a damage by sexual actions with a child, without having to justify this. Like that the rebutting evidence is not permissible by a damage not taken place in the concrete case

It is thus insignificant whether the sexual contacts with consent of the child happened and which age of the authors has (exception: heavy sexual abuse of children). Children as authors are because of the missing responsible age, whose age limit likewise is at 14 years, protected against punishment, not however against determination. Juvenile authors have to count on legal sanctions. According to data of the police Kriminalstatistik suspecting children, altogether over 20 per cent been allotted to children and young people are in approximately six per cent of the seized cases with determined suspect when sexual actions with children.

Heavy sexual abuse is present after "§ 176a, if

  • "the author within the last five years because of such a criminal offence condemned is valid",
  • "a person over eighteen years with the child the Beischlaf carries out" or similar, sexual actions connected with penetration into the body makes or makes leaves,
  • "the act is committed jointly by several",
  • "the author the child by the act into the danger of a heavy health damage or a substantial damage of the physical or mental development brings" or
  • the act the the subject of a pornographischen writing (also pictures, videos) to be made is.

The minimum measure of punishment is in some cases of less-heavy heavy abuse about three months detention. If the child is physically heavily abused "or brought by the act into the danger of death", then the minimum punishment can rise on five years, with abuse with death sequence lies it at ten years.

Child violater became with the choice for the word of the yearly 1996 on the 8. Place selected, which expression of an increased problem consciousness was undoubted.

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