Criminal defense for Child Sexual Abuse in Bonn

Legal Basis

§ 176 StGB

Sentencing Range

Imprisonment of no less than one year

Summary

Performing sexual acts on a person under fourteen years of age or having such a person perform sexual acts

An allegation of child sexual abuse under Sections 176 et seq. StGB is among the gravest a person can face and regularly leads to a search, the seizure of digital devices and severe personal and professional consequences. The key rule here is: make no statement on the substance before full access to the case file, because the origin of the allegation, suggestive influences and questions of credibility are often decisive. Attorney Philip Bafteh defends accused persons in Bonn, Cologne and nationwide – discreetly and on the basis of the investigation file.

Sexual Abuse of Children (Section 176 StGB)

Sexual abuse of children is one of the most serious offences in German criminal law. The provision protects the undisturbed sexual development of children under 14 from any form of sexual interference. The legislature has considerably tightened sentencing ranges in recent years; since the 2021 reform, Section 176(1) StGB constitutes a serious crime (Verbrechen) with a minimum sentence of one year’s imprisonment.

Legal Basis

Section 176(1) of the German Criminal Code (StGB) provides:

“Anyone who performs sexual acts on a person under fourteen years of age (child) or has the child perform sexual acts on them shall be punished with imprisonment of not less than one year.”

Section 176(2) StGB criminalises performing sexual acts in front of a child. Section 176a StGB covers aggravated sexual abuse (sexual intercourse or similar acts) with imprisonment of not less than two years.

Elements of the Offence

Child: Only a person who has not yet reached 14 years of age can be a victim. The child’s age is an objective element of the offence — a mistake by the perpetrator regarding the age may constitute a mistake of fact (Section 16 StGB).

Sexual act: An act is sexual if, by its outward appearance, it has a sexual meaning, or if, considering all circumstances, it has a sexual connotation. The act must also be of some significance (Section 184h No. 1 StGB).

On the child or by the child: Covered are both active sexual acts by the perpetrator on the child and causing the child to perform sexual acts on the perpetrator.

In front of the child (Section 176(2) StGB): Performing sexual acts in front of a child or influencing a child by showing pornographic material is also punishable.

Intent: The perpetrator must act intentionally and must know the child’s age or at least accept the possibility.

Typical Methods of Commission

The forms of commission are diverse and include physical assaults within the family or close social environment, sexual acts by caregivers (teachers, coaches, childcare workers), online contact with the aim of sexual acts (cybergrooming, Section 176b StGB), showing pornographic content to children, and soliciting or causing children to perform sexual acts.

Sentencing Range

Sexual abuse of children (Section 176(1) StGB) carries imprisonment of not less than one year — it constitutes a serious crime (Verbrechen). Aggravated sexual abuse (Section 176a StGB) carries imprisonment of not less than two years. In less serious cases (Section 176(3) StGB), the sentence ranges from three months to five years’ imprisonment. In addition to the sentence, measures of reform and prevention may be considered, particularly preventive detention in cases of risk of reoffending and supervised release.

Typical Defense Strategies

Due to the severity of the allegation, particularly careful defense is required. Credibility assessment of the child witness’s testimony is frequently of central importance — expert opinions based on statement validity analysis according to the criteria catalogue established by the Supreme Court are regularly commissioned. Suggestive influences through questioning, therapeutic measures, or family constellations (particularly in custody disputes) must also be examined. A mistake of fact regarding the child’s age may be relevant in borderline cases. Procedural errors in the examination of the child witness may render the testimony inadmissible.

Summons or accusation of Child Sexual Abuse? What matters now

Make no statement to the police at first

As an accused person you are never obliged to comment on the allegation. Anything said to the police can be used against you. Provide statements only through your defense attorney and only after reviewing the case file.

File inspection comes first

A sound defense against the allegation of Child Sexual Abuse requires knowledge of the investigation file. Only once the available evidence is clear can we decide whether a statement is advisable or whether remaining silent is the better strategy.

Possible discontinuation of proceedings

For an offence classified as a serious crime (Verbrechen), a penalty order and a discontinuation under Sections 153 or 153a of the Code of Criminal Procedure are excluded by law. Without an indictment, the case only ends if the prosecution discontinues it for lack of sufficient suspicion (Section 170 II) – for example because the allegation cannot be substantiated. If charges are brought, a trial follows, in serious cases before the Regional Court. This makes the defense during the investigation stage all the more important.

What we do after reviewing the file

We examine the evidence for reliability and admissibility, look for procedural errors, develop the defense strategy, seek a dismissal of the proceedings through discussions with the public prosecutor’s office and represent you, if necessary, at trial before the Bonn Local Court or Bonn Regional Court.

Available 24/7: +49 228 504 463 36

This information does not replace a review of the individual case. In criminal proceedings, the defense strategy depends substantially on the case file, the specific allegation and the evidence.