Reforma niemieckiego prawa karnego seksualnego z 2016 roku (napaść seksualna i zgwałcenie według modelu „nie znaczy nie”)
The German Sexual Criminal Law Reform of 2016 (Sexual Assault and Rape Under the “No Means No” Model)

Summary/Abstract: In 2016, Germany introduced a new law criminalizing all sexual acts performed against the recognizable will of another person (“no means no”). The article presents the controversy in German literature regarding the optimal model of criminal liability for the infringement of sexual autonomy in light of the standard provided for by the Istanbul Convention. One of the discussed solutions is the affirmative consent model (“only yes means yes”). The subsequent part of the paper concerns the interpretation of the new provisions by the Federal Court of Justice and the feedback from lawyers on the effectiveness of the new law. The author argues that both the German veto model and the affirmative consent model have their drawbacks and a hybrid model is preferable.

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