Criminal defense for Rape in Bonn

Legal Basis

§ 177 StGB

Sentencing Range

Imprisonment of no less than two years (rape)

Summary

Sexual acts against the recognisable will of another person

An allegation of rape under Section 177 StGB is among the gravest a person can face and regularly leads to a search, remand custody and severe personal consequences. Here the origin of the allegation, suggestive influences and the credibility of statements are often decisive – make no statement before full access to the case file. Attorney Philip Bafteh defends accused persons in Bonn, Cologne and nationwide, discreetly and on the basis of the investigation file.

Rape under Section 177 of the German Criminal Code – Overview

Rape is one of the most serious offences under German sexual criminal law. Following the major reform in 2016, the offence is now codified in Section 177 of the German Criminal Code (Strafgesetzbuch, StGB) under the heading “Sexual assault; sexual coercion; rape.” The provision protects every individual’s right to sexual self-determination. Anyone suspected of such an offence faces severe consequences – from lengthy prison sentences to permanent entries in criminal records. For expatriates and foreign nationals in Germany, the legal situation is particularly complex, as the German approach to sexual offences differs significantly from many other jurisdictions. Early and competent legal representation is therefore essential.

Statutory Text (Section 177 StGB – Excerpt)

Subsection 1: Whoever, against the recognisable will of another person, performs sexual acts on that person, causes that person to perform sexual acts, or causes that person to submit to or perform sexual acts involving a third party, shall be liable to imprisonment from six months to five years.

Subsection 2: The same penalty applies where sexual acts are performed on a person who is unable to form or express an opposing will (e.g. due to unconsciousness, sleep, illness, or disability), where the perpetrator exploits a moment of surprise, or where the victim fears a serious detriment if they resist.

Subsection 5: In especially serious cases, the penalty is imprisonment of not less than one year.

Subsection 6 (Rape in the narrow sense): The penalty is imprisonment of not less than two years where the perpetrator engages in sexual intercourse with the victim or performs similar sexual acts that are particularly degrading, especially where they involve penetration of the body.

Elements of the Offence in Detail

Sexual Act

The act must constitute a sexual act of some significance. This includes, in particular, sexual intercourse, oral and anal penetration, the insertion of objects, and intensive touching of intimate areas. Fleeting, non-sexual touches are generally not covered.

Against the Recognisable Will

Since the 2016 reform, it is sufficient that the affected person made their opposing will recognisable – for example through words, gestures, crying, or pushing away. A simple “no” is enough. Forceful physical resistance is no longer required.

Inability to Form or Express Will

The provision also covers cases where the affected person is unable to form or express an opposing will due to unconsciousness, sleep, severe intoxication, drug influence, or intellectual disability.

Aggravated Form: Sexual Intercourse or Comparable Acts

The especially serious case of rape (Subsection 6) requires that the perpetrator engaged in sexual intercourse or comparable sexual acts involving penetration of the body.

Typical Methods of Commission

In practice, the following scenarios are most common: assaults within close social relationships (partnerships, family, circle of acquaintances), offences exploiting alcohol or drug impairment (so-called date-rape drug cases), assaults in situations of dependency (workplace, training, care), offences exploiting a moment of surprise, and offences committed jointly by multiple perpetrators.

Sentencing Range

Sentencing is structured in tiers: the basic offence (Section 177(1) StGB) carries imprisonment from six months to five years. In especially serious cases (Section 177(5) StGB), the minimum sentence is one year. For rape in the narrow sense (Section 177(6) StGB), the minimum sentence is two years’ imprisonment. Where weapons are used, the offence is committed jointly, or there is danger to life (Section 177(7), (8) StGB), minimum sentences of three or five years apply. A suspended sentence is only possible in exceptional cases for rape convictions due to the two-year minimum.

Typical Defense Strategies

Defense against allegations under Section 177 StGB requires particular sensitivity and experience. Key defense approaches include: reviewing the consistency and credibility of the accusing statement through a forensic statement analysis (Aussagepsychologie), analysing objective evidence (DNA traces, chat histories, communications before and after the alleged offence), examining the question of consent and whether an opposing will was recognisable, reconstructing the events based on objective circumstances, challenging procedural errors during police interviews, and engaging a forensic psychology expert at an early stage.

In cases of this nature, it is crucial to seek legal advice before the first police interview. At BAFTEH Criminal Defense, we are available to those affected around the clock and provide representation with the necessary discretion and expertise.

Summons or accusation of Rape? 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 Rape 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.