Is it okay for teenagers to have sex?

Youth Protection Act | From when may
Teenagers having sex?

They have just been playing in the sandpit, suddenly they are teenagers and make out on the doorstep. Many parents are at a loss when the 15-year-old daughter asks if she can stay with her 19-year-old boyfriend.

BILD explains the legal consequences for young lovers.

What do we understand by sexual acts?

A kiss on the cheek, a loving hug, and caressing the skin is not yet classified as a sexual act and is perfectly legitimate.

However, if the act is aimed at sexual satisfaction, this can have legal consequences for minors. This not only includes the sexual act, but also exposing and touching the genitals, violent sexual intrusiveness, a French kiss or masturbation. It is enough if these actions only take place in front of the child.

How are children protected from sexual acts?

Children under the age of 14 are particularly protected by law. All sexual acts on or in front of children are considered sexual abuse.

It does not matter whether the child or the parents consented.

Depending on the severity of the case, the abuse is punished with imprisonment of up to 10 years.

Attention: Attempting sexual abuse of your child is a criminal offense and should be reported to the police.

Sexual acts between two children under the age of 14 are not penalized.

Protect adolescents from harmful influences

Are adolescents aged 14 and over allowed to have sex?

In principle, voluntary sex among people of the same age is permitted and has no legal consequences.

Sexual intercourse is allowed if both partners are at least 14 years old.

But if, for example, the boy is 14 years old and the girl 13 years old, the girl's parents can file a criminal complaint in this case.

Is sex allowed if a partner is of legal age?

Sex with teenagers between the ages of 14 and 15 is allowed if the partner is 21 or under.

Example: The 19-year-old boyfriend of the 15-year-old daughter does not have to expect legal consequences if they sleep together.

If the partner is older, he is liable to prosecution if he takes advantage of the victim's inability to sexual self-determination. In this case there is a risk of imprisonment of up to three years or a fine.

Access rights and custody are not the same!

What about 16 and 17 year olds?

Sexual intercourse with adolescents between the ages of 16 and 17 by an adult is permitted, provided the adolescent's predicament is not exploited. Otherwise there is a risk of imprisonment of up to five years or a fine.

You may not have sex with young people between the ages of 14 and 17 to whom the young person is entrusted for upbringing, training and care, for example teachers. In that case, you risk imprisonment from three months to five years.

Can an underage girl stay with a boyfriend or can the parents run into problems if this is the case?

In the past, parents were forbidden to give their children the opportunity to have sex. The so-called coupling paragraph was abolished as early as 1969.
Although the parents can forbid the overnight stay due to their upbringing rights, if they allow this, they do not make themselves a criminal offense.