The German Federal Ministry of Justice (BMJV) is working at the European level to introduce a “Yes means Yes” rule in sexual criminal law for cases involving young people. In Germany the principle “No means No” is currently in force.
According to a spokesperson for Justice Minister Stefanie Hubig (SPD) speaking to “Die Welt”, the EU is negotiating a revised directive on combating the sexual abuse and exploitation of children and on the depiction of child sexual abuse, which will replace the 2004/68/JI framework decision. The draft directive proposed by the European Commission contains a provision on rape that disadvantages sexually mature minors, a provision that the spokesperson said should be understood as a “Yes means Yes” rule. “The Trialogue negotiations on this are still ongoing” she added. “Within those negotiations the BMJV is coordinating closely with other ministries of the German federal government and EU member states to support a “Yes means Yes” rule in the scope of the directive”.
Tübingen lawyer Jörg Eisele explained the two concepts. “The difference between a ‘No means No’ rule and a ‘Yes means Yes’ rule is: in the former the offender becomes criminally liable if the victim shows in any way that they do not want the sexual acts”. He added, “In a ‘Yes means Yes’ rule the victim must actually consent to the sexual acts. This does not have to be verbal; consent can also be present if the person actively participates in the sexual activity”.
The SPD parliamentary group has signaled support for the tightening of the law. “I think the principle ‘Yes means Yes’ is correct” said the group’s political‑policy spokesperson, Carmen Wegge. “Sexual acts can only take place when both parties freely consent”.
Wegge stressed that a clear legal benchmark is especially important for young people who have reached sexual maturity, as they often find themselves in particularly vulnerable situations. “Consent can be expressed through clear conduct; a verbal ‘yes’ is not always required” she said. “What matters is that sexual acts without such consent are unlawful”.
The CSU’s political‑policy spokesman, Susanne Hierl, said the Union remains open to a corresponding tightening of criminal law. “Crimes against sexual self‑determination are serious offenses” she said. The discussion of a “Yes means Yes” rule underlines the need to better protect victims and hold perpetrators accountable. Whether Germany’s sexual criminal law needs to be amended will be examined carefully.