What is the best age of consent

Basic texts on the age of consent

1. Dr. Michael Schetsche:

Dr. Michael Schetsche (criminal sociologist),
Consensual Abuse "

"On the problem of justifying the protection of children and adolescents under sexual criminal law", MschrKrim 77th year - Issue 4 - 1994, pp. 201-214 (monthly for criminology and criminal law reform) "

The best that has been published in German in a scientific journal on the problem of “informed consensus”. Dr. Schetsche himself has now looked for another field of activity. This work, on the other hand, not only gives a good overview of history and lines of argumentation to justify the age of consent, but also provides objective reasons to reject these lines of argumentation. In the end he accepts the necessity of such paragraphs, but the "justification" for this is only a description of the lack of such:

All sexual contacts between adults and children are criminally prohibited - and will remain so - because criminal law is not a suitable means for a differentiated assessment of the ethical content of complex social interactions. In order to combat the sexual exploitation of children in general, contacts that are ethically only slightly or not at all objectionable must also be made punishable. And so, in the end, the child's right to self-determination - and the young person - must also fall by the wayside. Even if one may regret this: general, sex-related protection of children and young people, such as can only be offered by criminal law, cannot be reconciled with the demand that sexual criminal law be limited to the protection of the right to sexual self-determination. Download as PDF


2. Sebastian Anders

"The impotent child" by Sebastian Anders appeared in the lead in GIGI, magazine for sexual emancipation, issue No. 38 in July 2005 and deals with the ethical foundations of sexual morality in western cultures with regard to the evaluation of “childhood”. The article illuminates and explains the arguments for and against the age of consent (§§ 176 ff StGB - Criminal Code)

The print medium GIGI has been discontinued, but can still be reached via links: www.gigi-online.de, search no. 38. Download as PDF


3. About anti-abuse groups and the so-called victims they represent.

by Manfred Buchholz

Volker Beck (Green parliamentary group in the Bundestag) admits again and again, like numerous others, that he once spoke to groups like Zartbitter and Wildwasser or optionally read their reports and therefore fundamentally changed his opinion on abuse and pedophilia over the years.

What are these groups doing? They use the term abuse without reflection to offer advice and help. They call on those affected by ’sexual abuse’ to get in touch for advice and help. Since the terms abuse and rape are now regularly used synonymously in public and are mixed up with each other, the average reader certainly does not understand consensual sex by it, but something strongly violent. Big cock forcibly penetrates a small hole or the like. Recently it was even read that a 70-year-old had been abused.

The public generally does not know what this is about in sexual criminal law. Many journalists also rub their eyes in amazement when they learn that even consensual sex (according to the declared or recognizable will of those involved) is prosecuted. This is due to the fact that sexual criminal law has become more and more extensive and complicated over the past 25 years - and it is less and less understandable. And also more and more contrary to fundamental rights. The Federal Constitutional Court recognized the basic right of all children and young people to free development of their personality as early as 1968 (decision of July 29, 1968; BVerfGE 24, 119). So also their right to sexual self-determination.

So calling the abuse groups leads to a self-fulfilling prophecy. Only victims report there who have been harmed by force or coercion and are therefore looking for advice and help. People who have experienced voluntary sex in childhood, such as Hanns Neumann (see below), myself and numerous others we have met, do not even see the abuse groups. Because why should they report there? Those who are not harmed need neither advice nor help. Nevertheless, these invisible victims also belong to the spectrum of case groups of § 176 ff StGB. Here is the case of the writer Josef Haslinger: No witch hunt now

Also interesting are the three expertises that the round table against abuse had drawn up two or three years ago. Those who want to look through them can find them on the website of the round table against abuse.

Now they fail to define the subject of their investigation if they want to define what is to be understood by ’sexual abuse’. Sometimes there is talk of sexual violence, sexualised violence, sexual exploitation or even sexual abuse. They cannot find a clear and uniform definition of what the term abuse should contain, or they cannot agree on it.

One of the studies even comes to the conclusion that there is hardly any empirical data on this topic. So you write about things that you can neither define nor empirically prove. The abuse groups that generate donations and public funds to finance their jobs make all the more noise.

Last year, the TAZ also took up the topic: Hardly any empirical evidence on the consequences of abuse and again used the term abuse without reflection.

Manfred Buchholz

4th poem by hanns neumann - I preferred to go to the father
he said he liked me
I liked that
he stroked me
he kissed me
first on the forehead
I didn't mind
he invited me to his room
I came
again and again
whenever I wanted
the distinguishing mark: the doormat
Was it in a certain direction
was the father there for me
he enlightened me
he was a little crazy
that amused me
once he celebrated communion
the host was on his navel
I picked it up with my mouth
once on epiphany
I was with him again
the other priests and their entourage
in full regalia
moved through the house
went to every room
with incense and holy water
we were both naked
we heard them coming
already smelled the incense
he slipped into his gown
I in the closet
like in bad jokes
the incense tickled my nose
I was able to suppress coughing and sneezing
Thank God
the singing was short
the pack moved on
I was allowed out of the closet again
everyone played their part well
we fell on each other's necks
we were proud of each other
we were allies
but the prefect smelled fun
ordered me for interrogation
I didn't reveal anything
not even a confessor
I found nothing wrong with it
later I found out
that he was in jail
not because of me
but that's why
i didn't understand
he wasn't a criminal
on the contrary
he was nice
he was affectionate
I liked going to the Father

he rarely praised me
was dissatisfied
with me
with my game
rebuked me
when I hadn't practiced enough
I always did not practice enough
if any
I was not in the mood
pressed me
didn't want to learn the violin at all
I made up excuses
he scolded me
cursed my fingernails that were too long
I always had a bad conscience
he made it to me
the bad conscience
brought the parents into play
those paid for it
to me
who paid him
he smelled bad
and always came so close to me
I couldn't smell it
he grabbed from behind
my right arm
so you must lead the bow
I suffered from him
he doubled over me
the left index finger
so you have to hammer
he snorted in my face
when tuning
once he attacked me
he had complained the week before
the nails are too long
he picked up the scissors
and cut mine
my fingernails
terribly short
the fingernails of the left hand
it hurt me
how did I look
how did I hate him
the violin teacher had one thing ahead of the priest
he had a daughter
a beautiful daughter
I only noticed that gradually
that she was beautiful
I no longer hated going there
I was allowed to play the first violin with her
that was nice
he wasn't sensual
the hours were not pleasurable
he did not seduce me
if he hadn't had the daughter
I would have liked him to go to jail
and sometimes i did too

5. Links to press releaseswhere it was established through legal proceedings (!) that the sex between a child and an adult was indeed consensual. However, you still have to be punished. There are mostly straight cases with girls - there are quite a few, and every few weeks another case is added:

The girl had confirmed the consent, said the judge

It was a kind of love affair, said the judge

The girls were completely unaware that they were being abused.

Convicted of serious child sexual abuse

20-year-old convicted of sex with 13-year-old

Court report: Four years imprisonment for sexual abuse

Forbidden love with 13 year old cousin

Three years imprisonment for people from Salzgitter for sexual abuse

Love or abuse? Woman (42) loves students

Love night ended with the police

In the book: "The Passion of the Innocent"the writer Ulrike Heider describes 13 life stories of people who had positive sexual relationships with adults in their childhood. The most prominent example is the late actor Dirk Bach.


6. Interview from TAZ-Nord from January 19th, 2013:

Children do not have to be sexualized, they are already sexual beings, say Silke Moritz and Sven Vöth-Kleine from the Pro Familia advice center in Hamburg. The only problem with that would be adults who did not accept it


taz: Ms. Moritz, Mr. Vöth-Kleine, is early childhood sexuality an invention of Sigmund Freud?

Sven Vöth-Kleine:Childlike sexuality is not an invention, it does exist. This is a process that takes years for children, keyword “psychosexual development”. In times when you deal with children in a very multi-faceted way, it comes on stage.

But child sexuality is not genital, is it?

Silke Moritz:I would not say now that children do not have genital pleasure, they already have that when they touch themselves, for example, or when other children touch them, or when they are lying on the changing table and their parents wash them, then that is it a nice feeling for the children. They all got the facilities from birth, everything is there, all internal and external sexual organs are present.

But there are differences!

Moritz:There are major differences between adult and child sexuality. Children approach it completely uninhibited, they have no feeling of shame, they are curious. It's something playful, it's not goal-oriented at all.

It's not about orgasm.

Moritz:At least not about planned ones.

Vöth-Kleine:But it's about lust. I would say a child is definitely excitable. Once the diaper is off and you have your hands free, girls and boys deliberately act like that, because they have found out it's nice to touch me there, but maybe they don't even do that, to reflect on it like that but they just do it. That is why it is described in the literature in such a way that childlike sexuality, when it comes to genitality, which is totally egocentric, the children do not care whether there are adults around it who may be ashamed now because the neighbor to the There is coffee and the child is sitting there with a red head and doing masturbation.

How common are sex games with other children?

Moritz:It is very different. Some children are very interested in playing these body exploration games a lot with other children in daycare, and they also choose other children very specifically. Other children are not interested in it at all. But one cannot draw any conclusion from this that some will later have fulfilled adult sexuality and others will not.

Do children fall in love too?

Vöth-Kleine:What one reads in parenting guides on youth sexuality about the beginning of puberty, that the beginning of puberty is the time of great feelings, is not true in our opinion. Most adults can remember very well when they were in love with someone in kindergarten or when they had a crush on someone. They still know today what these children were called back then, and for us that is clearly the proof that these very concise, great emotional experiences occur, just like all these other feelings such as jealousy.

Moritz:Also lovesick! When a child moves away something that was very close to you and suddenly is no longer there, that tears an insane gap, and it is often our task to tell parents and educators, yes, the child may be lovesick.

And that takes people like you?

Vöth-Kleine:The fact is that we are mostly called. Because the children have played body exploration games, for example, so-called doctor games, and the daycare center sees it as its duty to educate the parents. Because irritation occurs and then questions arise: Are we promoting this? Or do we even include sex education in our concept?

What do you say? Should one support that?

Moritz:We say that this is part of child development and that children should also be given the space for it, but under certain rules. Especially when it comes to the body and feelings, it is always very important that it happens voluntarily, that is, that it is ensured that there is a clear stopping rule. If a child wants to get out of such a game, it must be possible at any time, including during the game. The second rule that must be clear in the day care center is that no objects may be inserted into body orifices. As a third rule for body exploration games, we also state that children of the same or the same age should play these games together if possible. Because there is often a power imbalance, the big ones are the cool ones, the little ones emulate the big ones, and because this can lead to unpleasant situations and the little ones have a hard time saying: I'm getting out now.

Vöth-Kleine:It is our goal that we achieve self-knowledge in our clientele, regardless of whether we work with educators or with parents: Perhaps it is not what I meant at the beginning that the children deflower each other now. It is often assumed that exploring the body would sexualise children, that they would then begin with sexuality very early.

“Sexualization” is a serious accusation.

Vöth-Kleine:The opposite is the case here: children who know a lot about sexuality, about their own body and their own feelings, but also about the bodies of others and their feelings, treat themselves and others particularly responsibly. Because they know about the limits, because they have been told that very clearly. This strengthens children so that they can learn: My body is mine and I decide over it. And this enables them to make the transfer: the other's body belongs to the other.

40, is a qualified social pedagogue and works at Pro Familia Hamburg as a sex pedagogue.


44, is a qualified social pedagogue and works at Pro Familia Hamburg as a sex pedagogue.


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