Conference of Justice Ministers in Hamburg: States Want to Significantly Expand Protection Against Sexual Violence

Statute of Limitations to Rise from Five to 20 Years

At the center of the decisions is the planned extension of the statute of limitations for serious sexual offenses with a significant degree of wrongdoing from the current five years to 20 years. This is intended to ensure that crimes can still be prosecuted even when victims – as is often the case with sexualized violence – are only able to speak about what happened many years later. In this context, the ministers referred to the French case of Giselle Pelicot, which illustrated the gaps in existing law. Under current German regulations, a comparable case would have great difficulty being tried in court.

More Protection in the Digital Sphere and New Reporting Requirements

In addition, the states want to expand victim protection in the digital sphere. Planned measures include additional rights for those affected by pornographic deepfakes on the internet as well as greater accountability for platform operators. A new reporting requirement is also planned: anyone who learns of planned serious sexual offenses on the internet – for example, in forums or chat groups – should in future be required to report them to law enforcement authorities. The background is the observation that serious sexual offenses are increasingly being planned and prepared in digital spaces. Gallina put it plainly: „Es könne nicht sein, dass man sich in diesen Foren bewege, von geplanten Straftaten Kenntnis erhalte und das nicht an die Strafverfolgungsbehörden weitergebe", she said.

Focus: Children and Young People

The ministers explicitly have the protection of minors in view. Given the sometimes severe and long-term consequences for those affected, early intervention is necessary especially when children and young people are affected. The Conference of Justice Ministers also spoke out in favor of examining a possible standalone criminal offense for cases in which minors are manipulated online and driven to self-harm or suicide. A concrete occasion is, among other things, the trial in the so-called White Tiger case, which has been underway in Hamburg since January. The 21-year-old German-Iranian defendant faces 204 criminal offenses between 2021 and 2023, including the alleged abuse of children and young people across continents and the leadership of the sadist network „764".

„Nur Ja heißt Ja" Remains a Disputed Issue for Now

The question of whether the so-called „Nur Ja heißt Ja" principle will be introduced – which considers consent to sexual acts to be given only when it is voluntary and clearly expressed – remains open for now. A corresponding motion by Hamburg and North Rhine-Westphalia did not find a majority at the conference. The states led by the CDU saw no need to change the existing „Nein heißt Nein" rule for adults. Hubig expressed disappointment but does not consider the matter settled. She perceives „dass es auch bei der CDU/CSU eine Offenheit gibt, über die Weiterentwicklung des Sexualstrafrechts zu sprechen". For young people, she announced the introduction of the „Nur Ja heißt Ja" principle: „Für Jugendliche werde das Prinzip des ‚Nur Ja heißt Ja' auf jeden Fall kommen." For minors, European requirements already stipulate that only an explicit „Ja" can count as consent.

Overall, the conference adopted several resolutions on statutes of limitations, reporting requirements, and action in the digital sphere. This points to a broad, cross-party line on expanding protection against sexual violence – even though no agreement could yet be reached on the central issue of consent in adult law. Observers see the decisions as a signal that the states want to gradually close the gaps in sexual criminal law that have been exposed by cases such as Pelicot or the Hamburg White Tiger trial.