The term of the sexual action is a central term of the German Sexualstrafrechts. The term became by 4. Penal reform law, with that the Sexualstrafrecht comprehensively changed was introduced in place up to then of the term of the Unzucht used far away, in order a worth-more neutral and thus also more clearly outlined formulation to use.
The penal code contains a legal definition, because is not defined there, in "§ 184f StGB only apparently what a sexual action is, but is only stated that sexual actions are in the sense of the law only such, those regarding the protected right property from some importance are ("§ 184f No. 1 StGB) and sexual actions before another only such, which is made before another ("§ 184f No. 2 StGB).
Already these conceptual restrictions make meanwhile clear that the criminal term of the sexual action does not have to cover itself with the general-linguistic. Also that action, which is made before another, this to remain however hidden is and remains actual, can from view of the action a sexual purchase have, in its subjective perception thus as sexual action present itself, without it is seized by the definition of the law. The subject of the legal definition of the sexual action is therefore only such a sexualisiertes behavior, which can be made because of its purchase the environment from the community of rights to the the subject of legal consequences and must.
For the action term no characteristic results concerning the legal classification of the sexual action. An action can exist in the sense of right both in doing, and in omitting. Nature after the thing a sexual action will be only made mostly by active doing. A sexual action is however not impossible by omitting. Herbert formed the case example that the author remains exposed in sexual intention, when its victim in addition-steps "§ 184f StGB, Rdnr. 2).
Sexual is the action if it directly concerns the sexual in humans ( aaO). From systematics of the penal code the restriction of this definition follows in such a way that only such actions are to be understood as sexual actions, which are committed under employment of the own or a strange body. (This is derived out "§ 176 exp. 3 StGB, because the sexual abuse of children is defined additionally there by the active or passive Vornahme of sexual actions and the facts of the effect on the child are called by pornographische illustrations etc., so that it is recognizable that this additional effect does not belong to the range of the sexual hand lung).
The term of the Sexualbezogenheit of the action is to be judged thereby by objective yardsticks, i.e., a sexual action is present only if the outside appearance of the procedure shows the sexual character.
The subjective component withdraws here clearly. Sexual actions are therefore also such actions, which are made without each sexual intention, thus for instance from the exclusive motivation to humiliate the victim.
Actions, which can have after the outside appearance a Sexualbezug, will not concretely have these however, as for instance investigations, are according to this definition no sexual actions, because the observer would not proceed here from a Sexualbezug of the happening. They can accept however with Hinzutreten of appropriate circumstances the character of a sexual action.
As mentioned, "§ 184f No. plans 1 StGB that only such actions are considered as sexual actions, which are regarding the protected right property from some importance. The border must be determined by the courts in individual cases, however when actions with body contact will be mostly reached.
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» 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