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» Economics » Sexualstraftat » Topics begins with S » Sexual abuse of resistance-unable persons

Page modified: Wednesday, July 13, 2011 01:34:16

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.


(1) Who another person, those
  • because of a mental or mental illness or handicap including an addictedness or because of a profound consciousness disturbance or
  • physically
  • it is incapable of the resistance, thereby abused that he makes sexual actions at it under utilization of the resistance inability or from it can be made, with imprisonment from six months to ten years is punished.
    (2) Likewise it is punished who abuses an resistance-unable person (paragraph 1) by the fact that he under utilization of the resistance inability for it intended to leave sexual actions of third actually make her.
    (3) In particularly heavy cases is not to be recognized on imprisonment under one year.
    (4) The attempt is punishable.
    (5) On imprisonment under two years is not to be recognized, if
  • the author with the victim the Beischlaf carries out or similar sexual actions at him makes or actually of him makes leaves, which are connected with a penetration into the body,
  • the act is committed jointly by several or
  • the author the victim by the act into the danger of a heavy health damage or a substantial damage of the physical or mental development brings.
  • (6) In less heavy cases of the paragraph 5 is to be recognized on imprisonment from one year to ten years.
    (7) "§ 177 exp. 4 No. 2 and "§ 178 apply accordingly.

    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.

    Resolution of the Federal High Court from 1 April 2003

    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.

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