Law

This depends on what your aim is.

Do you intend to initiate criminal proceedings? If so, you have the option to file a report to the police. Detailed information on criminal proceedings can be found below and on the subpages on preliminary investigation, main hearing and private accessory prosecution.

Is your aim to receive financial compensation from the offender? If so, you have the option to initiate civil proceedings for damages. You can find more information about this below.

Do you want to receive financial assistance from the state? In this case, you should look into social security claims against the insurance company or the state for social compensation. You can find information about this on the Financial assistance page.

Or do you want to help a child who is suspected of experiencing sexual abuse in the family? In this case, you can initiate family court proceedings. You can find more information about this below.

Whatever your intention is, it is helpful to seek legal advice first. At a legal advice session, you can discuss what your aim is and what legal steps you can take to achieve it. Which steps would you like to take? What will you need to do? Which claims do you have against the offender? How long do proceedings take? What costs will you incur? Getting legal advice will help you make a well-informed decision on how to proceed.

Sie können Angebote zur kostenlosen Rechtsberatung in Anspruch nehmen, oder sich an Anwält:innen wenden.

Advice and counselling centres/h4>

There are advice and counselling centres all over Germany - some also offer free legal advice or can recommend suitable lawyers. For many victims and their families they are the first point of contact. Here you can find an advice and counselling centre near you.
To the advice and counseling centers

Law firms

Lawyers specialise in different legal areas such as criminal law, civil law or social law. Depending on your goal, whether you want to file criminal charges or claim damages or victim compensation, it makes sense to look for a lawyer who is a specialist in the relevant area.

There are lawyers who specialise in representing clients who have been victims of crime. However, criminal lawyers generally also and above all represent individuals who have been accused of a crime. Lawyers for victims' rights specialise in victim compensation law or protection against violence, usually as specialists in social and/or family law, and do not represent the plaintiffs in criminal proceedings. You should therefore always ask the lawyer what they specialise in and what they are experienced in.

You can find out whether they have experience in providing legal advice on the subject of sexual abuse on the lawyer's website or by calling them. Some lawyers work together with advice and counselling centres or victims' associations such as "Weisser Ring e.V." and specifically specialise in providing legal support to victims in criminal proceedings.

The most important thing when it comes to choosing a lawyer is that, when you talk to them, you feel well looked after and are given good advice. A phone call allows you to gain a first impression. You can ask a person you trust to accompany you if you'd rather not go alone. Many lawyers offer a free first consultation. The "Weisser Ring e. V." organisation issues so-called help cheques ("Hilfeschecks") for a first legal consultation. You can find a lawyer near you here.
To Lawyers 

In the „Stories that inspire courage“ das Interview mit Petra Ladenburger, section you can read an interview with Petra Ladenburger, a lawyer who has been representing victims of sexualised violence for almost 30 years.

What applies in the case of children under the age of 14 and what applies in the case of juveniles aged 14 and over?

What applies in the case of children under the age of 14? 

Sexual acts with children, i.e. minors under the age of 14, always entail criminal liability. This is the case even if the child supposedly consents to or even initiates the sexual act.

This includes the following acts:

• A person kisses a child using their tongue.
• A person performs sexual acts on the child’s body.
• A person gets a child to sexually satisfy them.
• A person forces a child to perform a sexual act on themselves.
• A person penetrates a child’s body, for example, the vagina, anus or mouth. This includes penetration with the penis, but also with a finger or an object. This does not include medical examinations that are necessary for the treatment of the child.

Penetration of a child’s body is a very serious form of sexual abuse. However, acts that do not directly involve the child’s body can also constitute sexual abuse:

• A person fully undresses in front of a child and is visibly aroused.
• A person masturbates in front of a child.
• A person shows a child pictures or videos of sexual acts.

Sexual abuse can also be committed via digital media. You can find out more information on which acts belong to this category in “Questions and answers”.

What applies in the case of juveniles aged 14 and over?

Sexual acts with minors aged 14 and over do not generally entail criminal liability, but only under certain circumstances, for example if the offender had a duty to protect the minor entrusted to their care.

Such a custodial relationship may exist in the context of upbringing, education or care (section 174 of the German Criminal Code (Strafgesetzbuch – StGB)). This includes probation officers, teachers or residential care home managers.

The protection of juveniles from sexual abuse is also governed by section 182 of the German Criminal Code (StGB). According to this legislation, anyone who takes advantage of a young person’s predicament – for example, if they have run away from home and need help – or who, as an offender over the age of 18, pays money for the sexual act, is subject to criminal liability. A person over the age of 21 is also subject to criminal liability if they engage in sexual acts with a juvenile under the age of 16 if the victim lacks capacity for sexual self-determination. This means that the person affected is not able to fully comprehend their actions in relation to the offender and is therefore unable to consent to the sexual act, and the offender recognises and exploits this.

In criminal law, the state, represented by the police and the public prosecution office, conducts investigations against an offender.

If there is sufficient evidence that a criminal offence was committed, the public prosecution office prefers public charges and the court sentences the offender. In criminal proceedings, the victim of sexual violence is above all a witness.

While the purpose of criminal law is to punish a guilty person, the purpose of civil law is to govern legal relationships between private individuals or companies. This includes enforcing claims against someone, e.g. for damages or compensation for pain and suffering. In this case, the person affected is not a witness, but rather one of the parties in the proceedings. This means that they can take action against the offender themselves, wherever possible with legal representation by a lawyer, and sue the offender.

Family law is part of civil law, but specifically governs legal relationships within families. Its distinctive feature is that it does not primarily regulate economic or contractual aspects, but focuses on personal relationships worthy of protection and the well-being of the persons involved, especially children.

Civil proceedings are very different from criminal proceedings. The police and the public prosecution office do not carry out any investigations.

You yourself need to gather the necessary evidence. A civil procedure usually begins with what is known as preliminary proceedings conducted in writing in preparation for the main hearing. In these proceedings, the plaintiff first states the claim they wish to assert (e.g. payment of compensation for pain and suffering) and specifies the evidence (e.g. witnesses, medical reports, photographs) on which they base this claim. The opposing party then responds and attempts to invalidate the evidence by naming their own witnesses, for example. These preliminary proceedings conducted in writing can last several months until the hearing takes place.

In civil proceedings, you must comply with many formalities and gather all the evidence supporting a report of sexual assaults yourself. This is why it is important to have the support of a lawyer. It makes sense to seek comprehensive advice before an action is brought. If you have a low income, you can apply for a certificate of eligibility for advisory assistance (Beratungsschein) from your local court. If your application is successful, the state will cover the costs of out-of-court legal advice. If the case goes to court, you can apply for assistance with court costs. This covers the costs of court proceedings – including court costs and the costs for your own lawyer. You can submit this application to the court responsible for the proceedings.

Parents have the right and responsibility to care for their child. However, the state also has a duty to protect children and juveniles.

Initiation of family court proceedings

State authorities must take action if, for example, a child’s welfare is at risk. The protection of children and juveniles is the top priority here – even if this sometimes means that the state protects the child from their own parents.

The decision on whether it is necessary to intervene in parental custody in order to protect a child is taken by the family court. But how do family court proceedings come about?

Family court proceedings are often initiated by a parent who applies to the court for a decision.

However, family court proceedings can also be initiated by the youth welfare office. If a professional such as a doctor, teacher or educational specialist establishes that the welfare of a child may be at risk, they must inform the youth welfare office if this is necessary in order to protect the child. It is important not to take action prematurely and to seek expert advice before reporting the matter to the youth welfare office, for example advice by specialists from advice and counselling centres, counsellors at the Sexual Abuse Helpline and the Medical Child Protection Hotline.

Private individuals who are concerned about a child can also contact the youth welfare office. Here, too, it is important not to act prematurely and, except in emergencies, to seek advice from specialists at advice and counselling centres or the Sexual Abuse Helpline if possible. Anonymous counselling at the youth welfare office is also available and is usually recommended for an initial assessment.

When the youth welfare office learns of a case, it reviews the facts and either takes action itself or, if the danger cannot be averted in any other way, refers the matter to the family court.

Involvement and redress through family court proceedings

If there is an allegation of sexual abuse of a child or juvenile, the family court may, under certain conditions, withdraw custody from one or both parents, provided that this measure is necessary. It is also possible that contact with the child concerned may be withdrawn or restricted. However, in order for such a decision to be made, the court must hear a number of people and involve them in the proceedings.

As a rule, a personal hearing is held with the parents and the minor concerned in order to facilitate a better assessment of the situation.

The youth welfare office is also usually involved in this. As part of this involvement, the youth welfare office can inform the court of its assessment of the endangerment to the child or juvenile.

If the withdrawal of custody or access rights is under consideration, a guardian ad litem for minors (Verfahrensbeistand) must also be appointed. This person represents the interests of the child or juvenile.

In addition to the involvement of these individuals, however, it is also important to obtain expert opinions. As part of the presentation of evidence, the court can then submit questions to the expert.

The family court must investigate the facts of the case ex officio. This means that the court is obliged to independently gather all the necessary facts and evidence relevant to the decision. It is not solely dependent on the motions or evidence of the parties involved, but can conduct its own investigations. The aim is to reach a substantive and correct decision that is in the best interests of the child.

More detailed information on proceedings regarding parent and child matters can be found on the website of the Federal Ministry of Justice.

This depends on whether we are talking about criminal law and civil law. In criminal law, the harsher the potential punishment of an offence, the longer the statute of limitations.

For crimes such as child sexual abuse, statutes of limitations range from 5 to 20 years, and 30 years for abuse resulting in death.
In criminal law the statute of limitations generally runs from the date on which the most recent offence ended. However, there is a special rule for sexual offences. Here, the statute of limitations does not begin to run until the victim reaches the age of 30. However, these are only guidelines: The legally binding decision is made by the respective public prosecutor's office or the criminal court.

In the case of civil claims for damages for the intentional violation of the right to sexual self-determination and for intentional injury to life, body, health and freedom, the statute of limitations is 30 years.
If you want to make a civil claim against a perpetrator, it may help to seek advice from a specialist lawyer. You can find a lawyer near you under "Local help".

To lawyers

Criminal proceedings can be very time-consuming. Unfortunately, this means that there are often several months, even years in some cases, between reporting an offence and a verdict.

This is especially true if the acts in question were committed a long time ago, or if there are many witnesses. In view of this, it makes sense to seek legal and/or psychosocial support at an early stage and to seek advice before filing charges.

In civil law the actual trial usually involves fewer appointments than in criminal law. However, this does not mean that the proceedings are necessarily over more quickly. One reason for this is that civil proceedings often get suspended if a criminal proceeding is underway at the same time. In such cases, the civil proceeding is continued once the criminal proceeding is concluded.

In addition, a so-called written preliminary proceeding ("schriftliches Vorverfahren") is usually carried out, which can take several months. During such a proceeding, the plaintiff's side explains to the court what their claim is based on and presents the evidence. The defendant's side, on the other hand, tries to invalidate this evidence and explains, for example, why there is no entitlement for damages for pain and suffering.

Every criminal lawsuit starts with a preliminary judicial inquiry or a preliminary proceeding. The public prosecutor's office initiates this if it believes there are indications that a crime has been committed.

This is called initial suspicion ("Anfangsverdacht"). An initial suspicion may exist because someone files a criminal complaint or if the public prosecutor's office or the police learn of a possible criminal offence in another way, such as through a tip-off.

During the preliminary judicial inquiry, the public prosecutor's office tries to establish what actually happened. The police supports the public prosecutor's office in this, such as by questioning witnesses. At the end of the preliminary judicial inquiry, the public prosecutor's office, based on the established facts, decides whether to bring charges or close the case.

Find out more about filing a complaint, making a statement and the work of the police during the preliminary judicial inquiry.
To preliminary judicial inquiry
 

If the public prosecutor's office believes that the investigation provided sufficient evidence to convict the accused person in court, it will press charges.

The court then decides whether to open the so-called main proceeding ("Hauptverfahren"). A date will be set, and the defendant, victim and witnesses are summoned.

If the evidence is found to be insufficient, the public prosecutor's office will stop the proceeding against the accused person. However, the injured person can file an appeal against the decision and perhaps even initiate a so-called legal action enforcement procedure ("Klageerzwingungsverfahren") at a later date.

Since 2017, people affected by sexual violence have been entitled to professional counselling and support throughout the lawsuit.

This psychosocial support is provided in the form of an appointed counsel ("Beiordnung"). The application for it is made to the court. This can also be done during the preliminary judicial inquiry.

The psychosocial support counsel provides information, support and advice during the preliminary judicial inquiry and later during and after the main trial. Such professional support can be helpful, because for many people legal proceedings are very stressful. However, it is not a substitute for legal advice from lawyers. Our database lists psychosocial support counsels in your federal state.
To support counsels

In addition, many local advice and counselling centres have staff who also accompany other witnesses to court. An overview of the rights of injured and aggrieved parties in criminal proceedings is provided by the "Opferfibel" publication of the Federal Ministry of Justice.

During a main criminal trial, the court decides on the guilt of the accused person.

The witnesses, as well as the investigating police officers, are questioned again during a hearing of evidence. Expert witnesses, such as forensic experts or psychologists, may also be heard. If, at the end of the trial, the court is convinced that the accused person did commit the crime, the court sentences the person. If, even after the evidence has been taken, doubts remain as to the guilt or innocence of the accused, the person is acquitted.

Find out more about criminal trials and how they work. To main criminal trial

For victims of serious crimes, which specifically includes all sexual offences, there is the possibility of incidental action.

In a criminal proceeding, you can act as an additional plaintiff alongside the public prosecutor's office and thus have influence on the proceedings. Incidental actions allow you to actively participate in the proceeding and be awarded additional rights.

This allows you to inspect files, ask questions of the other parties involved and object to a judge or an expert witness due to partiality. You can file motions for evidence, make statements and, at the end of the trial, make a so-called plea. If the accused person is acquitted, you can take legal action against the decision. However, it is not possible to contest the severity of the penalty itself.

Find out more about incidental actions.

To incidental actions

If you would like more in-depth information, please follow these links:

• Child protection
• Children's rights
• Criminal law
• Damages and compensation
• „Opferfibel" publication of the Federal Ministry of Justice