Sexual abuse: specialized law firm for sexual criminal law

Hardly any topic is as socially sensitive as the accusation of sexual abuse of children or adolescents – this accusation alone is enough to permanently destroy the accused’s social existence. That is why it is extremely important in sexual criminal law to get one early specialized Consult a defense lawyer who, as a trustworthy contact, offers assistance and support, especially in the event of a false accusation.

What is child sexual abuse?

Sexual abuse of children (child abuse) is the most frequently registered sex offense by the police, followed by sexual assault and rape. Nevertheless, the accused are only rarely pedophilic, because the sexuality of the perpetrators is largely not directed towards children, but towards adults.

The child sexual abuse (§ 176 StGB) protects the undisturbed sexual development of children, i.e. people up to 14 years of age. All sexual activity is prohibited, even if the child – supposedly – consents to the sexual act or should have become active himself. Abuse is therefore also possible without violence and even without physical contact (e.g. through exposure to pornography).

Children under 14 years are still unable to determine or decide about their sexuality themselves. Therefore apply all sexual acts in front of a child, on a child or by a child as sexual abuse.

Statistically, more girls are victims of abuse by male perpetrators. Nevertheless, boys are victims of sexual acts as children. And of course there are not only male perpetrators, but also female perpetrators.

What is adolescent sexual abuse?

The sexual abuse of adolescents (§ 182 StGB), however, is completely different. Young people from 14 years are allowed basically self-determined sexually. However, the perpetrator may not take advantage of a predicament, nor may the adolescent remuneration pay for the sexual acts. This is to prevent the victim’s sexual self-determination through this consideration is manipulated. Any consideration in the form of an asset benefit is understood as remuneration. Even small favors, financial support or invitations are enough.

If an adult over the age of 21 consciously exploits the lack of sexual self-determination ability of the victim under 16, this is also considered sexual abuse of adolescents. However, this would only be pursued on the basis of a criminal complaint or if the public prosecutor sees a particular public interest in the prosecution.

Actions against the recognizable will of the adolescent or when Violence threatened or even violence used, to enable sexual acts, on the other hand, the facts of sexual assault or rape come into consideration. Pressing down with one’s own body weight is considered violence if the perpetrator tries to prevent resistance expected from the victim.

Circular reasoning: psychological consequences of sexual abuse?

In popular science or pseudo-scientific literature, but also on corresponding “advice sites” on the Internet, lists of conspicuous behaviors are often published, which should serve as an indicator of sexual abuse that has taken place or its consequences. As possible consequences of abuse will be there self-harming acts, withdrawal, fear of contact, lack of distance, overly sexualized behavior, severe drop in academic performance, wetting, abdominal pain and anorexia.

However, such conclusions overlook the fact that certain symptoms can only be used to infer an underlying condition if they are sufficiently specific for the condition. However, the abnormalities observed in connection with sexual abuse are largely non-specific; she can also as a result of many other stressful events, e.g. Separation of parents, excessive demands at school, emotional neglect, etc. occur.

Special Constellation of Evidence: "Statement Against Statement"

In sexual criminal law, statements are often pronounced against statements in the absence of any factual evidence. This is mainly due to the fact that sexual abuse almost always takes place in close social areas. On the other hand, children often accuse their father, brother, uncle or their mother’s ex-partner or ex-husband of sexual abuse. Often, the alleged victim does not file a criminal complaint until many years after the alleged crime. Traces of sexual acts or the alleged violence would then no longer be found anyway.

This occurs particularly often in or after separation situations, provided that it concerns custody. The father is said to have often sexually abused the child for years, at least so the ex-partner claims. In such cases we are regularly active and offer support, advice and help to the accused. This not only in criminal law, but because of the children also in family law (dealing).

Peculiarities of defense against sexual abuse

Criminal defense is a matter of trust! We do not process our mandates as on the assembly line, but take individual measures >there is a lot at stake in sexual criminal law. Thorough familiarization and preparation for the main hearing are a matter of course for us, because we want to preserve your personal living conditions and – unlike the public prosecutor and the court – do not see you only as a file number.

We verte >nationwide before all courts and in all instances professionally and committed. Without distinction, we defend those who are wrongly accused without prejudice as well as perpetrators who are guilty by law. Because whether someone is a perpetrator or a victim is usually only known at the end of the criminal proceedings – not at the beginning.

Our lawyers regularly undergo interdisciplinary training – in the fields of statement psychology (legal psychology) and forensic medicine. Accordingly, we have specialist knowledge that other lawyers may lack. Finally, we maintain contacts with specialized psychologists and sex therapists, on whose support (e.g. through psychotherapy) our clients are sometimes dependent.

Further information and personal initial assessment

Do you have a question that has not been answered? This text does not purport to be exhaustive and serves only as a first orientation; however, it does not replace personal advice from a lawyer. We would be happy to provide you with further information!

Call us on phone: 040 – 2286 3800 or write us an email.

Of course, we treat our clients respectfully and without prejudice and with absolute discretion. Every lawyer is bound to secrecy, so you can discuss everything with us, no matter must be uncomfortable for you.