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Journal Article

The New German Law on Sexual Assault and Sexual Harassment

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Citation

Hörnle, T. (2017). The New German Law on Sexual Assault and Sexual Harassment. German Law Journal - open access to comparative, european and international law, 18(6), 1309-1329. doi:10.1017/S2071832200022355.


Cite as: https://hdl.handle.net/21.11116/0000-0003-97E3-2
Abstract
In 2016, the German parliament changed the law on sexual assault and rape (Sect. 177 StGB). The new law assumes a “no-means-no”-model, while the old law required coercion as a necessary feature of rape and other forms of sexual assaults. In addition, two new offense descriptions were introduced: sexual harassment (Sect. 184i StGB) and offenses out of groups (Sect. 184j StGB). In this Article, I describe the deficiencies of the old law, the process of law reform, and the newly enacted prohibitions.