A growing willingness to strengthen sexual offense laws is emerging within the Union parliamentary group. According to reports from the newspaper “Welt,” several members of the CDU are actively discussing whether non-consensual sexual acts should become criminal in the future.
Currently, Germany adheres to the “No means no” principle, meaning that sexual activities performed against a person’s recognizable will are punishable. The “Only yes means yes” model advocated by some would place a greater emphasis on obtaining explicit consent from the other party-a standard primarily demanded by the SPD, the Greens, and the Left party.
David Preisendanz, a legal policy expert for the CDU, stated in “Welt” that the introduction of the “No means no” model in 2016 was a major step forward. However, he questioned whether the nation should remain static a decade later. Preisendanz pointed out that other nations, such as France, Italy, and Sweden, have since adopted the so-called consensus model, or “Only yes means yes.” Under this system, any person approaching another sexually is responsible for ensuring that the activity is desired. He argued that this approach consistently bases criminal statutes on the protection of sexual self-determination, describing it not as “left-wing nonsense,” but as an essential sign of the rule of law.
The legal policy expert strongly advocates for a conservative justification of any potential reform. He noted that one should not ignore the fact that “many young men from patriarchal countries” have moved to Germany in recent years-coming from societies with “partially different ideas about equality.” Preisendanz stressed that those with such values must understand that “different rules apply here,” as women and men interact in Germany as “free and equal individuals.”
Furthermore, he argued that there are indeed situations where current law reaches its limits. The CDU politician observed that in reality, people rarely react to sexual assault by fighting back or escaping; instead, they often become paralyzed. They do not scream or push away the attacker but remain completely passive, allowing the incident to proceed. According to the current legal framework, the perpetrator may not be deemed guilty, even if they knew the victim did not want the sexual encounters, Preisendanz warned. This gap, he concluded, is precisely the problem, asking, “Why should we not close this protection loophole?”
In addition to Preisendanz’s advocacy, some other Union politicians have indicated through “Welt” that they are prepared for reforms, though they have not made public statements. Conversely, there remains opposition within the parliamentary faction, with critics doubting that the current legislation holds significant protective weaknesses.
