Die Jugendschutztatbestände im Sexualstrafrecht

Two main protection objectives can be identified in sexual criminal law which seem contradictive at first sight: On the one hand, the protection of positive sexual freedom is intended, i.e. the freedom to choose with whom, where and when sexual contact takes place. On the other hand, there is the comrehensive protection of minors from sexual abuse which is provided by not allowing them to participate in that positive freedom for their own benefit. How can those two main goals of sexual criminal law be reconciled? The question is especially crucial with regards to juveniles who are at the transition to fully sexual autonomous individuals.
This study developes for the first time a suffisticated concept of sexual autonomy, which links to the autonomy discourse in contemporary anglo-american philosophy. Furthermore it inquires the limits of legitimate legal paternalism in criminal law and critically questions the underlying assumptions of child and youth protecting laws in sexual criminal law.