Beste Sexuelle Belästigung Anwälte in Deutschland

1. About Sexuelle Belästigung Law in Deutschland

Sexuelle Belästigung in Deutschland is addressed through criminal law and anti-discrimination provisions. The criminal offense focused on harassment is found in the Strafgesetzbuch (StGB) as § 184i, which targets persistent sexual harassment in public and other contexts where consent is lacking. For more serious acts, the criminal code also covers sexual coercion and assault under § 177 StGB.

In addition to criminal penalties, the Allgemeines Gleichbehandlungsgesetz (AGG) protects individuals from discrimination and harassment in employment, education, and access to goods and services. This means victims can pursue civil remedies such as damages or injunctive relief, alongside possible criminal action. The German approach combines criminal enforcement with anti-discrimination protections to address different forms of harassment.

Source: § 184i StGB - Sexuelle Belästigung - https://www.gesetze-im-internet.de/stgb/__184i.html

Source: Allgemeines Gleichbehandlungsgesetz (AGG) - https://www.gesetze-im-internet.de/agg/__7.html

2. Why You May Need a Lawyer

• Persistent workplace harassment by a supervisor - You want to file a criminal complaint and ensure an internal investigation or HR action, while protecting your job and reputation. A lawyer can coordinate with authorities and your employer, and advise on protective measures.
• Digital harassment and stalking - You receive repeated sexual comments or explicit messages online or via social media. A solicitor can help you preserve evidence, seek restraining orders, and pursue criminal or civil remedies.
• Retaliation after reporting harassment - You fear retaliation from colleagues or management for speaking up. A lawyer can help you enforce workplace protections, obtain restraining orders, and pursue compensation for damages.
• Civil claims for damages in addition to criminal charges - You want compensation for emotional distress, lost wages, or rehabilitation costs. An attorney can file civil claims under AGG and related civil codes and coordinate with investigators.
• Harassment by a service provider or in public spaces - You experienced repeated sexual remarks or inappropriate behavior in stores, on public transport, or in a public venue. Legal counsel can advise on criminal charges and remedies, including reporting procedures.
• Clarifying your rights and timelines before actions begin - You need a precise plan on when to report, what evidence to collect, and how to approach the court or authorities. A lawyer can map a step-by-step strategy.

3. Local Laws Overview

• § 177 StGB - Sexueller Übergriff, sexuelle Nötigung - This provision criminalizes forced sexual acts and coercion, including threats or violence to compel sexual activity. It covers acts against adults and, in some cases, minors, depending on the facts. Penalties vary with severity and circumstances.
• § 184i StGB - Sexuelle Belästigung - Aimed at preventing sexual harassment in contexts such as public spaces or workplace environments, when the conduct causes danger or fear or constitutes persistent harassment. Penalties can be applied where the behavior meets the statutory elements of sexual harassment.
• Allgemeines Gleichbehandlungsgesetz (AGG) - Anti-discrimination law prohibiting harassment based on sex, race, religion, disability and other protected characteristics in employment, training, and access to goods and services. It enables civil claims for damages and non-discriminatory remedies.

The following notes provide context on how these rules are used in practice in Deutschland:

Source: AGG and anti-harassment protections in employment contexts - https://www.gesetze-im-internet.de/agg/__7.html

Source: StGB on sexual offenses and coercion - https://www.gesetze-im-internet.de/stgb/__177.html

4. Frequently Asked Questions

What is sexual harassment under German law exactly?

Sexual harassment (Sexuelle Belästigung) under § 184i StGB involves repeated sexual behavior, remarks, or actions that violate a person’s dignity in a public or semi-public setting. The conduct must be unwanted and disruptive, and it can trigger criminal penalties or civil remedies under AGG.

How do I report sexual harassment to the police in Germany?

You can report to your local police department or contact the emergency number if there is immediate danger. A police report initiates an investigation, which may lead to criminal charges. A lawyer can help you prepare the report and preserve evidence such as messages or recordings.

What is the difference between criminal and civil actions for harassment?

Criminal actions pursue penalties against the offender under the StGB. Civil actions under AGG seek damages, injunctions, or other remedies from the offender or responsible institutions. Many cases combine both routes for maximum protection and compensation.

How much does hiring a sexual harassment lawyer cost in Germany?

Costs depend on case complexity and the lawyer’s rates. In Germany, lawyers often charge by the hour or under the RVG framework for court work. An initial consultation typically costs a standard fee set by the attorney.

Do I need a lawyer to file a complaint for harassment?

While you can file a complaint on your own, a lawyer provides strategic guidance, helps gather evidence, and ensures that you pursue the strongest available remedies. A lawyer can also negotiate with your employer or the police on your behalf.

How long does a typical harassment case take in Deutschland?

Criminal investigations can take several months to years, depending on evidence and case complexity. Civil actions under AGG may take several months to over a year, depending on court schedules and settlement negotiations.

Can harassment in the workplace be handled through an internal process only?

Yes, many cases start with internal HR investigations. However, if the behavior continues or is severe, you may pursue police action or civil remedies. A lawyer can coordinate both paths for you.

What evidence is most helpful in harassment cases?

Contemporaneous documentation such as emails, messages, call logs, witness statements, and any recording compliant with German law can be crucial. A lawyer can advise on what constitutes admissible evidence and how to preserve it properly.

Is online harassment treated the same as in-person harassment?

Online harassment can qualify under the same principles if it is persistent and violates the victim’s dignity. The steps to report and pursue remedies are similar, but digital evidence handling is essential.

What is the role of the AGG in a harassment case?

The AGG provides civil remedies for harassment in employment and services, including damages and injunctions. It also guides employers to prevent harassment and take corrective action.

Do I need to prove intent for harassment to be actionable?

No, intent is not always required. In many cases, the focus is on the impact and the occurrence of unwanted conduct, rather than the offender’s exact intent.

What can a lawyer do if I am afraid of retaliation for reporting Harassment?

A lawyer can help you obtain protective orders, navigate internal reporting procedures, and pursue remedies while safeguarding your career and safety. They can also advise on documenting retaliation attempts.

5. Additional Resources

• Antidiskriminierungsstelle des Bundes (ADS) - The Federal Anti-Discrimination Agency provides information about rights under AGG, guidance on complaints, and resources for victims of harassment and discrimination. Website: https://www.antidiskriminierungsstelle.de
• Gesetze-im-Internet - Official portal for current German laws and codes including STGB and AGG. It is a primary source for the exact statutory text and latest amendments. Website: https://www.gesetze-im-internet.de
• Bundesministerium der Justiz und für Verbraucherschutz (BMJV) - The federal ministry that publishes legal summaries and explains criminal law, including sexual offenses and protections against harassment. Website: https://www.bmj.de

6. Next Steps

1. Define your goals clearly. Decide whether you want criminal charges, civil remedies, or both, and identify any protective orders you may need.
2. Gather key evidence. Collect messages, emails, witness contact information, dates, and any recordings, while preserving originals and metadata.
3. Identify a lawyer who specializes in Sexuelle Belästigung and anti-discrimination law. Look for experience with both criminal and civil matters in Deutschland.
4. Schedule a focused initial consultation. Bring all evidence and a list of questions about procedure, timelines, and costs.
5. Ask about costs and fee structures. Request a written estimate for consultation, investigation, and potential court work, including fee caps if possible.
6. Prepare a written plan with milestones. Include reporting deadlines, evidence submission, and anticipated court dates or settlements.
7. Engage the attorney and begin the process. Confirm communication expectations, document sharing, and updates on case progress with a realistic timeline.