The sexual abuse of resistance-unable persons is a criminal offence after "§ 179 of the German penal code (StGB), which mentally handicapped themselves against the right to sexual self-determination of psychologically patients, and arranges unconscious ones. The criminal offence existence refers to the abuse. It is far more near assigned "§"§ to the 174, 176 StGB therefore than the facts of the sexual compulsion or rape. Differently than with these crimes it does not depend on the employment of force.
For the victim neither the sex, nor the age, still the residence (for example hostel, cared for living) or the kind of the illness plays a role. Crucial it is alone that the victim was incapable of the act of the resistance at the time.
When resistance-unable after this facts the person, if she is not in the conditions applies, to form or express a resistance will opposite the author. It must be however no resistance against a possibly exercised force, it is sufficient the resistance against the sexual unjustified demand at all. The reference in exp. 7 to the qualification "§ 177 exp. 4 No. 2 StGB refers to the practice of the act by a heavy abusing or causing of a mortal danger. The reference to the success qualification "§ 178 StGB refers to an at least thoughtlessly caused death sequence. The legal consequences in these determine themselves also according to the crimes.
When resistance-unable in the sense "§ applies for 179 StGB, who does not form resistance will sufficient for the defense for the reasons specified in paragraph 1, to express or intersperse can. However the statement of one "§ 20 StGB under-falling mental or mental illness or handicap is not sufficient, in order to justify the acceptance of a resistance inability in the sense "§ 179 StGB. It must be adeptly (that is, of specialists) occupied that the victim could not offer a resistance. The "personal impression" of the victim during the main negotiation is not sufficient, in order to decide on its ruggedness in sexual affairs.
Also the sleep or the complete exhaustion is suitable after decisions of the Federal High Court as suited resistance-unable condition in the sense of the facts.
We found here 9 articles.
» Sexual abuse of children
» Sexual abuse of children (Germany)
» Sexual abuse of resistance-unable persons
» Sexual abuse of young people
» Sexual action
» Sexual compulsion
» Sexual self-determination