Sexual abuse of children and young people

Sexual abuse of children and adolescents is any sexual act that is carried out on or in front of a child or adolescent. The perpetrator uses his or her position of power and authority to satisfy his or her own needs at the expense of the girl or boy.

It is also abuse if girls or boys do not explicitly refuse the sexual act. This is because they cannot responsibly consent to such an act due to the power imbalance and are therefore always inferior. This is an important clarification because a common argument used by perpetrators is that the child wanted it themselves.

In accordance with § 176 and § 176 a of the German Criminal Code (StGB), sexual abuse of children is a criminal offense against sexual self-determination and protects the undisturbed development of children's sexual self-determination.

The legislator has criminalized any sexual influence of a person of legal age (from the age of 14) on children under the age of 14 in accordance with § 176 ff. of the German Criminal Code. In addition to physical touching with sexual intent or acts that children must perform on a perpetrator or a third party, the showing of pornographic images and sexualized influence on children through talking or chatting is also punishable.

The § 182 StGB also protects adolescents, girls and boys between the ages of 14 and 18, from sexual abuse, whereby voluntary sex between adolescents between the ages of 14 and 18 is generally exempt from punishment.

§ 174 StGB deals with the sexual abuse of persons under protection and protects girls and boys under the age of 16 who are entrusted to someone for upbringing, education or care, as well as biological or adopted children under the age of 18. Any sexual act with or in the presence of a person under protection is generally prohibited under Section 174 StGB. Attempts to sexually abuse wards are also punishable.

Data on cases of sexual abuse reported to the police are registered in the police crime statistics (PKS).

Victims of sexual abuse are predominantly girls, but boys are also affected. Most children are between six and thirteen years old at the time of the abuse, but infants and toddlers are also exposed to sexual violence.

An overview of the facts and figures on police-registered cases, victims and suspects of child sexual abuse can be found in the current situation report "Youth crime and youth endangerment in NRW", published by the NRW State Office of Criminal Investigation.

The Police crime statistics (PKS) and the situation report "Youth crime and youth endangerment in NRW" can be found in the Statistics/Service section.

Abuse can have different consequences. The consequences depend on the intensity and duration of the abuse and the degree to which the victim is dependent on the abuser. The victim's personality and their involvement in social relationships play an important role. There are no inevitable changes in behavior.
Rarely do physical injuries indicate sexual abuse. Behavioural changes such as anxiety, withdrawal, nervousness, aggressiveness, sexualized behaviour can indicate sexual abuse - but they can also have other causes. In any case, behavioral changes should be clarified.

Sexual abuse of children is predominantly committed by men, rarely also by women. Perpetrators come from all age, social and educational backgrounds. As a rule, there is a relationship between perpetrator and victim.

Sexual abuse is often an act that has been planned for a long time. This means that perpetrators establish a relationship with the child in advance, build up a relationship of trust and oblige the child to remain silent. Special attention or gifts can create a dependency from which the child finds it difficult to break free on their own.

About one fifth of registered suspects are adolescents. Such sexually abusive behavior by adolescents can have various causes - their own experiences of violence as a child or adolescent can play a role. The desire to exercise power and deficits in respecting boundaries can be the basis of the behavior. Sexually assaulted young people have a right to help. They need qualified support.

As an adult or parent, you are the most important contact person for prevention. Support your child in dealing with themselves and their body in a self-determined way.

• Talk to your child about sexuality in an age-appropriate way.
• Help your child to pay attention to their feelings and not let others dissuade them from doing so.
• Encourage your child to show their boundaries and get help.
• Communicate that it is okay to talk about bad secrets. This is not snitching - and not betrayal!
• In everyday life, show that you are there for your child so that they can seek your help in an emergency.
• Make it clear that children affected by sexual violence are not to blame.

You can find practical, everyday advice on preventative parenting in the parents' guide from the Arbeitsgemeinschaft Kinder- und Jugendschutz (AJS) Nordrhein-Westfalen e.V. (North Rhine-Westphalia Working Group for the Protection of Children and Young People). "Gegen sexuellen Missbrauch an Mädchen und Jungen" ("Against sexual abuse of girls and boys"), which clearly and concisely addresses the main problems and provides differentiated background information and practical tips.

Information on the legal definition and criminal liability of sexual abuse can be found in the brochure "Mutig fragen- besonnen handeln" ("Ask courageously - act prudently") from the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth.

Courses on self-assertion and self-confidence training for children are offered to support your upbringing. The ever-increasing range of self-confidence training courses on offer should be critically examined in detail.

The flyer from the Arbeitsgemeinschaft Kinder- und Jugendschutz (AJS) Nordrhein-Westfalen e. V. and the Deutscher Kinderschutzbund Landesverband NRW e.V. "Trainings für Kinder und Jugendliche gegen Grenzverletzungen und sexuelle Übergriffe - Qualitätsstandards für Fachkräfte und Eltern" provides information on how to choose a good quality provider.

Local contacts are youth welfare offices and advice centers (municipal, church and independent providers). The German Child Protection Association, child protection outpatient clinics, medical contact points or Pro Familia can also help. The police can be contacted in an emergency via 110.

For children and young people, the number against grief, Tel.: 0800-1110333, (Monday to Saturday between 2 p.m. and 8 p.m.) is available.

Further information on the topic of "Sexual abuse of girls and boys" can be found at http://www.missbrauch-verhindern.de/

Addresses of counseling centers in your region can be found at http://www.hilfeportal-missbrauch.de/startseite.html

If mothers or fathers learn of sexual abuse, they often wonder whether they should file a criminal complaint. A report can be made to any police station, the public prosecutor's office or the court. It is advisable to file a report with the police at the relevant sexual offenses department. This is where officers work who have been specially trained to question children.

As soon as the police or the public prosecutor's office become aware of a criminal offense, they are obliged to initiate criminal proceedings (Section 163 of the Code of Criminal Procedure).

Since 2013, civil claims for sexual abuse have only been time-barred after 30 years. They can therefore be sued for that long. This 30-year period applies to all cases of abuse that have occurred since 2013. However, it also applies to claims that arose before 2013 but were not yet time-barred in 2013.

Here you can find more information on damages, compensation and the statute of limitations.

Psychosocial trial support

Since 1 January 2017, particularly vulnerable victims have been entitled to psychosocial trial support throughout the criminal proceedings. It acts as a relieving support by professional experts and has neither the character of psychotherapy nor a legal counseling function.

The assignment must be applied for at court, with no costs for the victim.

Further information at https://www.justiz.nrw/BS/opferschutz/psychosoz_prozessbegl/index.php

If you have any doubts about filing a complaint, it is still necessary to secure evidence from the victim immediately in order to secure subsequent evidence. To do this, contact the child protection outpatient clinic, a specialist advice center such as the child protection association, the women's helpline or the victim support association WEISSER RING e.V. These provide assistance in contacting forensic institutes that carry out appropriate examinations and forensics.

Addresses of advice centers in your region can be found here: http://www.hilfeportal-missbrauch.de/startseite.html

Literature on the topic

"Courageously ask - act prudently", brochure from the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth
https://www.bmfsfj.de/bmfsfj/service/publikationen/mutig-fragen-besonnen-handeln-95882

"Against sexual abuse of girls and boys", brochure from the Working Group for the Protection of Children and Young People, NRW State Office e. V. (for a fee)

.V. (fee required) http://www.ajs.nrw.de/index.php/service/bestellungen/shop/category/view/4.html

"Preventing abuse" Program Police crime prevention of the federal states and the federal government http://www.hilfeportal-missbrauch.de/startseite.html

Materials for girls and boys

"Kein Küsschen auf Kommando", Marion Mebes, Lydia Sandrock
"Schön Blöd", Ursula Enders, Dorothee Wolters
"Komm mit - hau ab!" Zartbitter Köln, songs for strong girls and boys
"LiLoLe Eigensinn", Ursula Enders, Dorothee Wolters