The Federal Ministry of Justice (BMJV) is campaigning at the European level for a “Yes means Yes” provision in sexual offence law that would apply to cases involving minors. Until now German law follows the “No means No” principle.
A spokesperson for Justice Minister Stefanie Hubig (SPD) told “Welt” that the European Commission is negotiating a new version of the Directive on the Prevention of Sexual Abuse and Sexual Exploitation of Children. The draft directive would replace the 2004/68/JI Framework Decision, according to the speaker. The proposal includes a rape offence that disadvantages sexual children. The BMJV says the measure should embody a “Yes means Yes” rule, and that it will work closely with other relevant ministries and EU member states during the ongoing trilogue negotiations.
Tübingen law professor Jörg Eisele explained the difference between a “No means No” and a “Yes means Yes” system. “Under ‘No means No’ a perpetrator is automatically criminal if the victim somehow indicates that they do not want the sexual acts” he said. “The ‘Yes means Yes’ approach requires that the victim actually gives consent. That consent need not be spoken; it can be implied by the victim actively participating in the sexual activity”.
The SPD parliamentary group expressed support for tightening the law. “I believe ‘Yes means Yes’ is the right direction” said political spokeswoman Carmen Wegge. “Sexual acts can only happen when both parties freely agree”. She added that for minors who have reached the age of sexual maturity, a clear legal standard is essential, as many are in especially vulnerable positions. Consent can be shown through clear behaviour, so an explicit verbal “yes” is not always necessary. What matters is that any sexual act without such consent is prohibited.
The Union keeps the possibility of a stricter criminal law open. The party’s political spokeswoman Susanne Hierl (CSU) said crimes against sexual self‑determination are grave offenses and that the debate over a “Yes means Yes” rule underscores the need to better protect victims and hold perpetrators accountable. Whether German sexual offence law needs to be amended will be examined carefully.
