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» Personal Loan No Credit Check, Online Economics » Sexualstraftat » Topics begins with S » Sexual compulsion


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The sexual compulsion is in the German criminal law a criminal offence, which is directed against the right property of the sexual self-determination. Them are since that 6. Penal reform law in "§ 177 exp. 1 StGB regulated and forms common with the heavy sexual compulsion (exp. 2) and the rape (exp. 3) unit facts. The rape (exp. 2 No. 1 et passim) was taken up in the sexual compulsion as rule example. The sexual compulsion is because of the minimum punishment threat of one year imprisonment a crime.

As sexual compulsion one punishes, if the author forces another person by force or with the threat of danger for life and limb independently of its sex to it to make sexual actions at the author or different (not however actually even). The force can be overwhelming (vis absoluta) or the will bending (vis compulsiva). The intensity of the force is insignificant thereby, it must against persons be directed. If the author acts not with force, but seizes he for threat, then a danger for life and limb must be threatened. In threats of smaller intensity the possibility exists to punish because of a compulsion in the particularly heavy case ("§ 240 exp. 4 StGB).

The term of the sexual action defines the legislator in "§ 184f StGB: Sexual action are such, which are not insignificant. Where the lower threshold is, is disputed. However one will be allowed to answer this in the negative with a tongue kiss, also "Begrap" separates. It then however possibly remains the punishability because of offense after "§ 185 StGB. The upper threshold of the sexual compulsion for rape lies in the penetration of the body. Thereby it is insignificant whether the penetration with an article or a part of the body takes place. The Beischlaf or the penetration against the will of the victim is always a rape.

The attempt punishability begins with setting for act of violence. A resignation from the attempt of the sexual compulsion after "§ 24 StGB is possible, does not waive however the completed compulsion not.

For the victim the sex does not play a role, just as little the age. Here must be differentiated however: If the victim is not able to form his own will over the sexual self-determination then cannot be punished after "§ 177 StGB. Instead must be changed over to the sexual abuse of resistance-unable persons ("§ 179 StGB).

After Swiss criminal law is forcing to the tolerance of a sleep something similar or other sexual action (by physical or psychological force or as the victim is made resistance unable) with up to ten years penintentiary or prison threatened. With using a weapon the minimum punishment is 3 years penintentiary. Since 1 April 2004 the sexual compulsion is pursued also in marriage and before-similar partnership of office because of.

Literature

  • Heike young, the unit facts of the sexual compulsion and rape. "§ 177 StGB, Baden-Baden 2001

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