Die Strafbarkeit nicht-einvernehmlicher sexueller Handlungen zwischen erwachsenen Personen

Should all violations of the right to sexual self-determination be criminally prosecuted? When can a sexual act be regarded as non-consensual? Is criminal law the appropriate regulatory mechanism in cases of violations of sexual autonomy? Even after the reform of the German sexual assault law in 2016, these questions are still being debated, both among members of the public and in academic circles.
This work systematically analyses whether and how the sexual autonomy of adults can and should be protected under German criminal law. The analysis focuses on the question of whether all non-consensual sexual acts should be classified as criminal offences and whether there are important overriding factors that, at least in some cases, such as in cases of sexual deception, argue against the imposition of criminal punishment. The analysis draws on interdisciplinary findings, and the author critically questions the reform of the German sexual assault law in 2016.