Legal basics in Germany, Austria and Switzerland: consent, age and intimate images

Germany

Sexual acts with a child under 14 are a serious crime (§ 176 StGB). If the act was consensual and the two are close in age, development and maturity, a court may refrain from punishment (§ 176 (2)). Under-18s are protected against exploitation of a predicament and against sexual acts for payment, and a person over 21 commits a crime by exploiting a person under 16's lack of capacity for sexual self-determination (§ 182 StGB). Further protection applies in relationships of upbringing, care, training or work (§ 174 StGB).

Austria

A person under 14 ("unmündig") is protected by § 206 StGB (intercourse and equivalent acts) and § 207 StGB (other sexual acts). There are narrow close-in-age exceptions: an age gap of no more than three years under § 206, if the younger person is at least 13, and no more than four years under § 207, if the younger person is at least 12, and only if no serious harm results. § 207b StGB protects under-16s who lack the maturity to understand what is happening, and under-18s against exploitation of a predicament or payment.

Switzerland

The protected age is 16. Sexual acts with a child under 16 are a crime (Art. 187 StGB), unless the age difference between those involved is no more than three years (Art. 187 no. 2). Young people aged 16 and 17 are protected against exploitation of a dependency, for example in education, care or work (Art. 188 StGB). Art. 193 StGB protects people of any age against exploitation of a predicament or dependency.

Germany

Since a reform in force from November 2016, § 177 StGB punishes sexual acts against a person's recognizable will ("Nein heißt Nein"). A no expressed in words or recognizably through behavior is enough; physical resistance is not required. The law also covers exploiting someone who cannot form or express a will, someone whose ability to do so is considerably limited (unless the other person made sure of their consent), and a moment of surprise. Rape (Vergewaltigung) is treated as an especially serious case.

Austria

Rape (§ 201 StGB) and sexual coercion (§ 202 StGB) involve force, deprivation of liberty or threats. Since 1 January 2016, § 205a StGB ("Verletzung der sexuellen Selbstbestimmung") also punishes intercourse or an equivalent act against a person's will, by exploiting a predicament or after intimidation. § 205 StGB protects people who are defenceless or unable to understand what is happening. Intense touching of intimate body parts can be sexual harassment (§ 218 (1a) StGB).

Switzerland

Since 1 July 2024, the revised sexual criminal law punishes sexual acts against a person's will ("Nein heisst Nein"): sexual assault (Art. 189 StGB) and rape (Art. 190 StGB). Both expressly include exploiting a state of shock, often called freezing, in which a person can neither say no nor defend themselves. Rape now covers penetrative acts of any kind and applies regardless of gender. Art. 191 StGB protects people who lack the capacity of judgment or are unable to resist. Switzerland deliberately chose this "Nein heisst Nein" approach (Ablehnungslösung) and not "Nur Ja heisst Ja" (Zustimmungslösung).

Germany

Under § 228 StGB, bodily harm with the injured person's consent is unlawful only if the act still violates good morals ("gute Sitten"). The Federal Court of Justice held in 2004 (BGHSt 49, 166) that consensual sadomasochistic acts are not immoral as such, but the line is crossed at least when the act, judged objectively in advance, puts the consenting person in concrete danger of death. The case concerned pressure on a woman's neck to cut off her oxygen during a bondage game she had asked for. She died, and her consent did not justify the act.

Austria

Under § 90 StGB, bodily harm or endangerment is not unlawful if the person consents and the harm or danger as such does not violate good morals. The Supreme Court (OGH) has held that this does not extend to serious bodily injuries inflicted during sadomasochistic practices (11 Os 134/06z, 2007). Serious bodily injury (§ 84 StGB) includes harm to health lasting more than 24 days and injuries that are serious in themselves.

Switzerland

Swiss criminal law has no written general rule on consent to bodily harm; the limits come from case law and legal doctrine. Consent is generally relevant for assault without injury (Tätlichkeiten, Art. 126 StGB) and simple bodily harm (Art. 123 StGB), and the Federal Supreme Court treated consent as decisive for simple bodily harm in a BDSM setting (BGE 129 IV 1). For serious bodily harm (Art. 122 StGB), which includes life-threatening injuries, established legal doctrine holds that consent generally does not make the act lawful.

Germany

§ 184k StGB (since 2021) punishes taking or transmitting images of another person's genitals, buttocks, female breast or the underwear covering them without authorization where these are protected from view, and knowingly passing on such an image even if it was taken with permission. § 201a StGB protects people in their home or other specially protected spaces, including against images being passed on. Publishing a picture of a person without their consent can also be an offense (§ 33 with § 22 KUG).

Austria

§ 120a StGB ("Unbefugte Bildaufnahmen", in force since 1 January 2021) punishes intentionally taking images of another person's genitals, pubic area, buttocks, female breast or the underwear covering them without consent, where these areas are protected from view or the person is in a home or a specially protected room. Making such an image accessible to others or publishing it without consent carries a higher penalty. Prosecution requires the authorization of the person affected.

Switzerland

Since 1 July 2024, Art. 197a StGB ("Unbefugtes Weiterleiten von nicht öffentlichen sexuellen Inhalten") punishes passing non-public sexual content, such as images, videos or texts, to a third person without the consent of the person who can be recognized in it. Making it public carries a higher penalty. Art. 179quater StGB punishes recording someone's private or secret sphere with a camera without consent, and keeping or passing on such recordings.

Germany

WEISSER RING supports victims of crime, including help with an initial consultation with a lawyer. The Hilfetelefon "Gewalt gegen Frauen" offers free, anonymous advice around the clock and in many languages, and there is also a helpline for men affected by violence. Specialized counseling centers for sexualized violence exist in most regions.

Austria

The Opfer-Notruf, run by WEISSER RING on behalf of the Ministry of Justice, offers free and confidential advice for victims of crime. The Gewaltschutzzentren in every federal state support people affected by violence. Victims of sexual violence can receive free psychosocial and legal support during criminal proceedings (Prozessbegleitung).

Switzerland

Every canton has victim support centers (Opferhilfe) under the federal Victim Support Act. Counseling is free and confidential, and you can use it whether or not the perpetrator has been identified or reported. Since 1 May 2026 there is also a national victim support number, available around the clock.