![]() ![]() In 1987 the GDR supreme court ruled homosexuality was a variant of sexual behaviour just as heterosexuality. The new criminal code of 1968 officially legalized homosexuality and in § 151, which now was gender-neutral, criminalized only homosexual acts of adults with minors. Concerning § 175, this meant that male homosexual acts were now almost prosecuted only if they involved minors, which meant persons under 18. In East Germany, the criminal code was supplemented in 1957 by a provision that allowed the waiving of prosecution if no harm had been done to socialist society by the unlawful act. Offenders could be only men 18 or older, and courts could refrain from punishment if the offender was not yet 21. The age of consent was set to 21 years and in 1973 reduced to 18 years. In West Germany, male homosexuality was legalized in 1969. Male homosexuality had been illegal under § 175 regardless of age since 1872. Under § 149, sexual acts with persons of the opposite sex between the ages of 14 and 16 were punishable if the victim's "moral immaturity" was exploited by using "gifts, the promise of benefits or similar" methods of persuasion "to initiate intercourse or actions similar to intercourse". The German Democratic Republic, by contrast, created a new socialist criminal code in 1968. In West Germany the latter rule was kept, with minor changes in 1973: Unblemishedness was no longer required, and the court could refrain from punishment if the offender was under 21 years of age. Under § 182, seduction of an "unblemished girl under the age of 16" was prosecuted upon complaint of parents or legal guardian only. The ages of 14 and 16 had been relevant since the coming into force of the Criminal Code for the German Empire in 1872: Under § 176, sexual acts with children under 14 were illegal and have been always since. ![]() The current rules for age of consent in Germany were set following a post-reunification penal law reform in 1994. ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |