A sexual act against a person’s will is punishable as sexual assault or rape, because the perpetrator violates the victim’s right to sexual self-determination. There is no requirement that victims actively tried to fight off the assault or defend themselves. Sexual acts on or against persons who are not able, or only able to a limited degree, to express a contrary will can also be punishable. The same is true if a person consented only because he or she was threatened.

The following information could be useful following a sexual assault

What is most important: Do not hesitate to get help if you are scared or feel insecure or if you have any questions. There are various possibilities of assistance available for victims, their relatives and professionals. For example, the helpline for violence against women (“Hilfetelefon Gewalt gegen Frauen”), which is available 24/7 under the number 0800 116 016 or online, provides confidential support free of charge. Due to current developments, the “Violence against Women Support Hotline“ has expanded its language range so that women affected by violence can now also find support in Ukrainian.Their assistance is provided barrier-free in German and is now available in 18 further languages. Further assistance can be found online under nina-info.de (only in german). for example the sexual abuse helpline or the helpline for victims of organised sexualised and ritualised violence (“berta-Telefon”). The assistance by the helpline experts is provided anonymously and free of charge. The service hours of the helpline are Mondays, Wednesdays and Fridays between 9 a.m. and 2 p.m. as well as Tuesdays and Thursdays between 3 p.m. and 8 p.m.; the phone number is 0800 22 5 530.

• Victim support organisations in your area can provide assistance as well. You can find a specialised counselling service close to you on the website of the federal association of rape crisis centres and women’s counselling centres in Germany or through the service locator.
• On its website, the “Stronger than Violence” initiative provides a wide range of information and lists contact persons who provide support or advice.
• Have a doctor examine you so that evidence can be secured and your injuries can be documented. In some cities, there are special outpatient clinics for the protection against violence which provide assistance to victims of violent acts. There, victims can have injuries forensically documented, anonymously if they prefer. However, this does not mean that victims automatically have to file a criminal complaint. They can take their time to think about whether and when they want to do so.
• If you actually consider filing a criminal complaint, evidence is extremely important. Hand over any clothing or other items that may have traces of the offender over to the police so they can secure evidence.

Further information

Anyone who has suffered damage to their health as the result of a violent crime is entitled to help under the Victims Compensation Act.

Many victims of sexual assault are traumatised and suffer from the memory of what they have experienced. Here you will find information on psychological support as well as contact details. Counselling services can also assist in arranging for psychological support.

Here you will find information on how to file a criminal complaint. The police will investigate whenever they learn of a suspicion of sexual assault, irrespective of whether the victims request such an investigation or not. If criminal proceedings are initiated, you can, under certain circumstances, join them as a private accessory prosecutor and you may be entitled to psychosocial support in court proceedings. In the case of sexual offences, victims can testify during the investigation before an investigating judge in a safe environment; this testimony can be recorded and used at trial so that no further questioning is necessary. In these cases, victims usually do not have to appear before court. Here you will find more information on criminal proceedings, private accessory prosecution and psychosocial support in criminal proceedings.

In addition to support by counselling services, it may also be advisable to seek advice from a lawyer. Here you can find a lawyer and information on financial support.

Children and juveniles

If children or juveniles fall victim to sexual assault, this has massive consequences for them and their environment. Therefore, it is important that victims and persons close to them know who to turn to and where to find counselling or support.

The German-language brochure “Mutig fragen – besonnen handeln” [“Ask courageously – act carefully”] provides information to mothers and fathers on the topic of sexual assaults on children and juveniles. The brochure describes what parents can do after such an assault and to whom victims and their relatives can turn to seek advice or support. Moreover, it contains tips for parents on how to recognise signs of sexual assault.

Help Portal of the Independent Commissioner for Child Sex Abuse Issues

If you learn of sexual abuse of children or juveniles or have a suspicion that children or juveniles might be victims of sexual assault, you can find information and support on the help portal of the Independent Commissioner for Child Sex Abuse Issues.

The assistance by the experts of the sexual abuse helpline is provided anonymously and free of charge. The service hours of the helpline are Mondays, Wednesdays and Fridays between 9 a.m. and 2 p.m. as well as Tuesdays and Thursdays between 3 p.m. and 8 p.m.; the phone number is 0800 22 5 530.

Rights and claims of victims

• Victims can request the State to assign them a lawyer free of charge.
• Upon motion, victims can join criminal proceedings as private accessory prosecutor.
• They are also entitled to psychosocial support before, during and after criminal proceedings. If they are particularly vulnerable, the court can also assign them such assistance free of charge. Note: To receive psychosocial support in court proceedings, a motion must be made to the court.
• Victims are particularly vulnerable throughout the entire proceedings. Therefore, they have special rights. For example, they can testify before an investigating judge in a safe environment and this testimony can be recorded and used in the main hearing so that they do not have to be examined again. If an examination at trial does become necessary, the requirements for having the public excluded are lessened and the questioning is carried out by the presiding judge. Victims are also entitled to psychosocial support in court proceedings. Children and juveniles

The children’s web portal “Trau dich!” [“Dare”] of the Federal Initiative for the Prevention of Sexual Abuse of Children

Together with the Federal Centre for Health Education, the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth launched the Federal Initiative for the Prevention of Sexual Abuse of Children called “Trau dich!” [“Dare”, only in german].
This interactive programme, which is currently only available in German, is geared towards girls and boys aged 8 to 12. It teaches them about their rights, especially their right to protection against sexual violence, and shows them where to find help in the case of a sexual assault. To provide adults with more competence and confidence, this initiative aims to raise awareness among parents and teachers and qualify them to take action.

“Childhood Houses” as points of contact after sexual assaults

In addition to the outpatient clinics for the protection against violence mentioned above, some cities have so-called childhood houses especially for children and juveniles who have become the victim of sexual violence or sexual abuse. In these houses, doctors, judges, police and youth welfare offices work together to help the affected children go through the investigation proceedings and the medical examination.