Wider das „Damoklesschwert“

The boundaries of sexual criminal law are an ongoing subject of jurisprudence. The 50th Criminal Law Amendment Act (50. StÄG) in 2016 led to an expansion of criminal liability. Driven by the events on New Year's Eve 2015/2016 in Cologne and elsewhere, the legislator introduced the principle of "no means no" into the Criminal Code. However, the consequences for suspects remained unnoticed. It may be unpopular to adopt this perspective. However, it is indispensable for a functioning criminal justice system. This paper reminds us of the risk of destruction posed by sexual criminal investigation proceedings and shows ways of counteracting this when it is a case of ‘one person's word against another's’.