The German Federal Ministry of Justice has unveiled a sweeping reform of criminal law aimed at combating human trafficking and sexual exploitation, a move sparking both praise and scrutiny within legal and political circles. The proposed overhaul seeks to address perceived shortcomings in existing legislation and to more effectively prosecute perpetrators, arguing that current laws are failing to deliver justice for victims.
Justice Minister Stefanie Hubig (SPD) characterized human trafficking as “modern slavery” highlighting its prevalence across various sectors in Germany, including construction, elder care and the stark reality of forced prostitution. “The victims are almost always women and girls” she stated, emphasizing the systematic deprivation of liberty, control and coercion underpinning these crimes. She further lamented that “Too often, human traffickers escape accountability under the current legal framework.
The legislative draft focuses on a fundamental revision of the existing penal code, significantly broadening its scope to encompass emerging forms of exploitation. This explicitly includes practices like surrogacy, adoption and forced marriage – a critical expansion that reflects the evolving landscape of human trafficking. Beyond sexual exploitation, the proposed law introduces demand-side liability for all forms of exploitation, a key shift intended to disrupt the market that fuels these crimes. This broader liability aims to target individuals and entities that profit from the exploitation, not just the direct perpetrators.
Significantly, the draft proposes increased sentencing guidelines, designed to ensure that perpetrators face more severe consequences. This measure aims to provide greater deterrence and reflects a commitment to holding offenders to account. However, the proposed expansion of demand-side liability has already drawn criticism from some legal experts, who question its potential impact on due process and highlight the difficulties in proving intent and establishing a direct link between demand and exploitation.
The draft legislation has been forwarded to the German states and relevant organizations for review and feedback, with submissions due by November 28, 2025. This period affords crucial opportunity for stakeholders to dissect the proposals, assess potential unintended consequences and contribute to shaping a legal framework that is both effective in combating human trafficking and respectful of fundamental legal principles. The outcome of this consultation period will be pivotal in determining the final shape and impact of this significant legislative initiative.