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Sexual abuse of young people designates sexual actions, which are not accepted due to the level of development of the young person concerned or due to coming off the actions.

Criminal aspects

Federal Republic of Germany

the penal code forbids sexual actions of adults starting from 21 years with young people under 16 years, if the adult uses thereby a "missing ability of the victim for sexual self-determination". In addition are forbidden sexual actions of an adult (starting from 18 years) with a young person under 16 years, if the young person were brought to a position of constraint by utilization or against money to it.

Right property of the regulation is the sexual self-determination of young people.

The "missing ability for sexual self-determination" can after a decision of the Federal High Court not alone from the age of the young person be derived, but must in individual cases be determined (BGH, 1 STR 481/95, resolution from 23 January 1996, BGHSt 42, 27)

"§ 182 penal code of new version both on author and on victim side both sexes equally and replaced 1994 concerns the old "§"§ 182 and 175. "§ 182 of old version ("seduction") concerned exclusively the sexual intercourse between grown-up man and a "girl" under 16 years. "§ concerned 175 first male-homosexual traffic generally ("Unzucht with men"), later only traffic between grown-up man and male young person ("homosexual action").

If the victim is under 14 years old and thus in the sense of right child, seizes instead with higher punishing threat occupied "§ 176 of the penal code in.

Republic of Austria

In Austria no appropriate standard existed to 2002. The Austrian right differentiates also here between of age ones (14 years and older) and minor ones (under 14). Until and in principle also today only sexual actions with minor ones with criminal sanctions are reinforced 2002. Due to the abolition "§ 209 StGB (see "§ 175 StGB Germany) by the constitutional court yard laws to the "§ the 207b was brought in and discharged by the national council.

"§ 207b StGB orients itself at the wording and contents "§ 182 StGB Germany, without being identical to it. In Austria sexual actions with young people are under 16 years forbidden if this under utilization of a position of constraint or under utilization of the own superiority and the Unreife of the young person take place. Also the direct temptation of young people is forbidden by a payment.

In the following the wording "§ of the 207b StGB:

"§ 207b. Sexual abuse of young people
(1) Who at a person, those 16. Lebensjahr completed not yet and for certain reasons yet enough is ripe to see or not act after this insight the meaning the procedure, under utilization this ripe one lacking as well as its ageconditioned superiority a sexual action makes, from such a person actually makes leaves or such a person to it tempted, a sexual action on third to make or from third actually makes to leave, is with imprisonment up to one year or with fine up to 360 daily rates to be punished.
(2) Who at a person, those 16. Lebensjahr completed not yet, under utilization of a position of constraint of this person a sexual action makes, from such a person actually makes leaves or such a person tempted to it, a sexual action on third to make or from third actually makes to leave, is with imprisonment up to three years to be punished.
(3) Who a person, those 18. Lebensjahr not yet completed tempted, directly by a payment to make a sexual action on it or third or from it or third actually makes to leave, is with imprisonment up to three years to be punished.

The legislator assumed with the creation "§ of the 207b the sexual self-determination ability with completion 14. Lebensjahres in principle given and the new regulation only cases is seized, in those this ability for special reasons exeptionally is missing and/or clearly limited parliament: '' Resolution of the national council of 10.07.2002, E 152-NR/XXI. GP '' A) P. 3 b) P. 4 C) P. 3 D) P. 7. To all cases "§ of the 207b is common that they have there situations in the eye, in which it is made impossible for the young person or made more difficult substantially, its sexual right of self-determination to exercise that it rejects a Sexualkontakt desired of it (with success). "§ 207b is to seize circumstances, in which certain constellations are used to sexual contacts, to which the young person would be otherwise not ready. In case of paragraph 3 about the author must determine the young person concretely by the payment (in accordance with "§ 74 StGB everyone an evaluation in money accessible return) to the sexual action (to arrange). Of young person (likewise) intended Sexualkontakte to be supposed thus not to be kriminalisiert.

Parliamentary inquiries from the entry into force to at least 2004 show that some public prosecutor's offices handle him multiple as spare regulation and often homosexual contacts are pursued Rechtkommitee Labda: '' "§ 207b: Law almost pursues excluding homosexual ones '' (pdf). Also legal proceedings introduced, without a first suspicion was present on a forbidden relationship, over to examine again and again whether a case after "§ 207b StGB be fulfilled could. Of Austria child protection expert child and youth rights demanded "unanimously an evaluation "§ of the 207b after 5 years of his existence, in order to determine in their report to "the national plan of action (NAP) whether this regulation protects the right of self-determination of young people or however Nagl, Sax, Wilk & Wintersberger; Report to the YAP process 2003, May 2004, appendix A 10.2.1. And also the Austria report 2004 European Union network of the OF Independent Experts on fundamentally Rights criticizes the practice of some public prosecutor's offices, bare intimate contacts already to the cause for pursuit steps for taking European Union network OF Independent Experts on fundamentally Rights: '' Austria report 2004 '' (English, pdf) S.62.

To consider is esp. the sexual right of self-determination of young people. Thus the European Court of Justice for human rights awarded to a young person compensation, because it, that was always interested in older partners, of its 14. up to its 18. Birthday held from "§ 209 is to be received fulfilling intimate relations those its inclination (to adult partners) entsprechenEGMR: S.L vs. Austria, appl. 45330/99, judg. 09.01.2003, par. 49, 52.

See also

Sexual abuse of children

Related links

Sources


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