Sexual acts with minors from the age of 14 are only a criminal offence under certain circumstances.
For example, because the perpetrator was tasked with protecting the minor entrusted to them. Such custodial relationships exist, for example, in the education sector or the care sector (Section 174 of the Criminal Code (Strafgesetzbuch)). It includes people who work as probation officers, teachers and care home managers.
Protecting adolescents from sexual abuse is also governed by Section 182 of the Criminal Code. According to this provision, it is a criminal offence to take advantage of a young person in distress, for example, if the young person has run away from home, or in the case of people over 18, to pay money for the sexual act. Furthermore, a person over the age of 21 commits a criminal offence if they engage in sexual activity with an adolescent under the age of 16 if the victim is incapable of sexual self-determination towards themselves. This means that the person concerned is not in a position vis-à-vis the perpetrator to fully understand what the sexual activity is about and is therefore unable to give consent. The perpetrator must recognise and take advantage of this.