Germany’s Independent Federal Advocate for the Prevention of Sexual Abuse of Children and Young People, Kerstin Claus, is calling for the introduction of new criminal offenses to enhance the protection of adolescents from sexual abuse.
While existing legislation provides a clear framework for cases involving children under the age of 13, Claus points to a legal grey area concerning individuals aged 14 and older. Current regulations stipulate that adolescents from this age group are legally permitted to make decisions regarding their sexual interactions, provided there isn’t a direct power dynamic or protective relationship present. This allows for interactions between significantly older individuals and adolescents without criminal repercussions.
Claus argues that a broadening of the legal landscape is crucial to better address actions aimed at the sexual exploitation of young people. She cited examples like the dynamics often seen in “sugar daddy” relationships and the deliberate grooming of adolescents through online platforms, as areas where existing laws fall short.
Furthermore, Claus suggests that the current principle of “No means No” may be inadequate for ensuring genuine consent, particularly for adolescents. She proposes the adoption of a “Yes means Yes” approach, emphasizing the need for explicit and unambiguous consent in all sexual interactions. This shift, she believes, would alleviate the pressure placed on young people to justify a lack of explicit refusal and would offer increased protection in situations involving coercion or undue influence.