Translation is for information only, the German version is the official version
The Legal Statutes guarantees the right to dignity, personal freedom, gender equality and freedom of occupation:
- Legal Statutes for the Federal Republic of Germany, Article 1
(1) The dignity of humans is inviolable. Respecting and protecting it is the obligation of all state authorities.
The German Criminal Code (StGB) names various elements of crime such as insult, defamation, coercion, sexual coercion, rape, exhibitionist acts, etc.; with §184i, the legislator has explicitly made sexual harassment a punishable offence in 2016. Further paragraphs that contribute to the improvement of the protection of sexual self-determination:
- Fiftieth Act to Amend the Criminal Code - Improving the Protection of Sexual Self-Determination
- § 174 Sexual abuse of subjects
- § 174b Sexual abuse under exploitation of an official position
- § 174c Sexual abuse taking advantage of a counselling, treatment or care relationship
- § 177 Sexual assault; sexual coercion; rape
- § 178 Sexual assault, sexual coercion and rape with death consequences
- § 183 Exhibitionistic acts
Version based on the Fiftieth Act to Amend the Criminal Code - Improvement of the Protection of Sexual Self-Determination of 04.11.2016 (BGBl. I p. 2460), entered into force on 10.11.2016
The German Civil Code (BGB) is the legal basis for affected persons to assert claims against the harassing employee(s). In doing so, evidence must be provided and intent or gross negligence must be proven. Claims can also be made against the employer if the employer does not oppose a sexual harassment that has been made public.
All genders are equally protected by the General Equal Treatment Act (AGG) of 14 August 2006 (BGBl. I p. 1897). The aim of the law is to prevent or eliminate discrimination on the basis of race or ethnic origin, gender, religion or ideology, disability, age or sexual identity (§1). In order to decide who can best help you in the event of an assault and which legal remedies are best to be applied, please contact us. All of our counseling centers are under confidentiality and will treat your case anonymously.
For these discussions, but especially for a potential criminal prosecution of the assault, it is important to document every single incident.
Gather the answers to the five important questions for you in advance: What? When? Where? Who? How? This way you have all the facts at hand, if necessary.