The Federal Commissioner for the Protection of Children and Young People from Sexual Abuse, Kerstin Claus, is advocating for the introduction of new criminal offenses aimed at bolstering the protection of adolescents from sexual abuse.
While current legislation provides a clear criminal framework for cases involving children under the age of 13, a legal grey area exists concerning individuals aged 14 and above. Current regulations stipulate that adolescents from this age group have the legal capacity to consent to sexual contact. However, Claus highlighted a concerning loophole: sexual contact between significantly older individuals and adolescents is not prohibited, provided there is no existing authority or guardianship relationship.
To address this, Claus emphasizes the need for more comprehensive legal mechanisms to capture instances of sexual exploitation targeting young people. She specifically cited examples such as interactions characteristic of “sugar daddy” relationships and the purposeful grooming of minors, often facilitated through online platforms.
Furthermore, Claus believes the established principle of “No means No” is insufficient to guarantee the genuinely consensual nature of sexual interactions. She proposes implementing the principle of “Yes means Yes” requiring clear and unambiguous consent for any sexual contact. This shift would aim to alleviate the burden on young people who may feel compelled to justify their lack of a direct refusal in situations involving unwanted sexual activity, often arising from situations of pressure or coercion. The intended consequence is to shift responsibility and protection towards the adolescent and away from potentially exploitative dynamics.
