Sexual Abuse - Legal Issues

Christiane Fux studied journalism and psychology in Hamburg. The experienced medical editor has been writing magazine articles, news and factual texts on all conceivable health topics since 2001. In addition to her work for, Christiane Fux is also active in prose. Her first crime novel was published in 2012, and she also writes, designs and publishes her own crime plays.

More posts by Christiane Fux All content is checked by medical journalists.

A sexually abused child urgently needs adult help. In the event of suspicion, always get help from a counseling center. If the suspicion grows, you should report the alleged perpetrator. This is especially difficult if you know the perpetrator well or if they are even a family member. Without a report, however, it will be difficult to put an end to sexual abuse. In addition, benefits under the Victims Compensation Act may not be paid if there is no notification.

An advertisement will:

the sexual abuse detected and stopped,
further abuse (possibly also of further victims) is prevented and the perpetrator is brought to justice.

Your testimony is important for law enforcement. Therefore, make notes on the following points:

What abnormalities in the child's behavior did you observe?
What exactly did the child tell you?
What did you observe yourself?
Do you know any other possible witnesses?

In many cases, a timely medical examination of the child is crucial to detect the abuse.

It is important here: Don't investigate yourself, leave it to the police. Once the perpetrator has been warned, he will put massive pressure on the child and try to cover up his act.

The ad

Anyone can file a complaint: relatives, neighbors, teachers and friends of the victim and of course the victim himself. Children can also file a complaint.
Not only criminal offenses against children in Germany are prosecuted, but also acts of abuse committed by German perpetrators abroad.

The report can be made orally or in writing at any police station or public prosecutor's office. It is possible to remain completely anonymous or pseudo-anonymous. The latter means that the perpetrator or those affected do not find out who made the report. In this case, however, you can be available as a witness and support the investigation.

Once the notification has been made, it cannot be withdrawn. The police and public prosecutor are then obliged to investigate. The limitation period for misuse offenses only begins when the victim is 18 years old. It depends on the severity of the offense and is currently between 3 and 20 years.

The interrogation

After the complaint, the child is usually summoned to the police via a letter to his or her legal guardian to testify as a witness. In contrast to a subpoena by the public prosecutor's office, there is no legal requirement to appear. Since the victim can make a significant contribution to the clarification of the case, his testimony is particularly important.

If the investigator agrees, the child can bring a relative or someone else he trusts with him to the questioning. Of course, this does not apply if it is the suspect. Persons who are or might become witnesses in the same matter should also not be present.

The child does not have to answer questions with which the child would burden a relative (right to refuse to give evidence, Section 52 (2) StPO). If the child is already mature enough to understand this decision and its consequences (for example, the imprisonment of a relative), it will be made by them alone. Otherwise, it consults with its parents or a so-called supplementary carer, who the court appoints. It occurs especially when the accused is a parent. In this case, the other, non-accused parent may not have a say in the right to refuse to testify.

The procedure

During the judicial proceedings, testimony and the evaluation of the evidence are used to determine the guilt of the accused, if necessary the gravity of the offense is assessed and the penalty is imposed.

" Terminating the proceeding: If the accused cannot be proven to be guilty, if the guilt is considered too minor, or if a perpetrator-victim settlement takes place, the proceedings can be discontinued.

“Secondary lawsuit: Victims of serious crimes can usually appear as joint prosecutors during the trial. Since the victim of sexual abuse is particularly affected by the act, the person entitled to custody can take on this function.

Joint plaintiffs can actively influence the proceedings. For example, they are allowed to attend the main hearing continuously, even if they are witnesses, which other witnesses are not allowed to do. The joint plaintiff or his lawyer can also question witnesses and defendants, submit requests for evidence and appeal. For this reason, it is advisable to exercise your right as a joint plaintiff. The declaration of willingness to join the public lawsuit as a joint plaintiff must be submitted to the court in writing.

» Compensation and compensation for pain and suffering: If the perpetrator is sentenced to a fine, this does not benefit the victim. In order to assert claims for damages or compensation for pain and suffering already in the criminal process, the victim must apply for the so-called "adhesion procedure" at the latest during the main hearing.

» Testimony: Close relatives of the accused can refuse to answer questions in court. This also applies to the victim.

After their presence is established at the beginning of the trial day, the witnesses must leave the courtroom for questioning. This is to ensure that they testify uninfluenced and only on the basis of their memories. The statement must be truthful, that is, the witness may not consciously omit or invent anything. False statements in court are generally punishable. If the witness can no longer remember exactly, he should state this clearly. He can also have earlier testimony read to him as a reminder. If he's exhausted, he can always ask for a break.

» Victim survey: For child victims who would suffer greatly if they were confronted with the perpetrator, there is the possibility of interrogation outside the courtroom. In that case, the judge conducts the questioning alone. A person of trust and a witness may also be present to support the child. The interrogation will then be broadcast live in the courtroom.

» Exclusion of the public: With a few exceptions, court hearings in Germany take place in public. However, on special request, the public can be excluded, for example if incriminating details about the privacy of the victims or witnesses are discussed.

Offenders victim Compensation

A victim-offender settlement is an out-of-court arrangement that serves to redress. It can only take place if the victim and the perpetrator are both willing and the judge and public prosecutor agree.

A perpetrator-victim balance can help to alleviate the material and emotional consequences of the crime for the victim. With this regulation, the offender can obtain a lighter sentence or - in the case of less serious offenses - even impunity.
If the victim tries to make such a comparison, an experienced, neutral investigator is at his side. He first discusses separately with the victim, but also with the perpetrator, in order to be able to sound out the respective expectations and goals. In this way, he can prepare for the final balancing discussion.

Many victims have had good experiences with a victim-offender compromise. Unlike in court proceedings, where you only appear as a witness, here you can actively help shape the outcome. In addition to possible financial compensation, such compensation gives the victim the opportunity to free himself from the role of victim, which is crucial for healing psychological injuries.

Such a procedure enables the perpetrator to put himself in the perspective of the victim. This can lead to a higher inhibition threshold for another act.

Victims who are interested in such a settlement should make this clear to the police or the public prosecutor's office.

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