Best Sexual Harassment Lawyers in Baden-Baden

About Sexual Harassment Law in Baden-Baden, Germany

Sexual harassment in Baden-Baden is addressed by both criminal law and civil or employment law at the national level, applied locally by police, prosecutors, and courts in Baden-Baden. In criminal law, the offense of sexual harassment is primarily defined in Section 184i of the German Criminal Code StGB, covering unwanted physical sexual contact such as groping. More severe conduct can fall under sexual coercion or rape in Section 177 StGB. In the workplace and other professional settings, the General Equal Treatment Act AGG prohibits sexual harassment as a form of discrimination and imposes specific prevention and response duties on employers. Victims may pursue criminal complaints, civil claims for damages, and employment law remedies. Local institutions in Baden-Baden such as the police, the public prosecutor Staatsanwaltschaft, the local district court Amtsgericht, and support services can assist with reporting, protection, and enforcement.

Why You May Need a Lawyer

A lawyer can help you understand whether the conduct you experienced fits the legal definition of sexual harassment or a more serious sexual offense, and advise on the most effective path criminal, civil, or employment law. Victims often seek legal support to file a police report and a timely application to prosecute Strafantrag where required, apply for protective orders under the Protection Against Violence Act Gewaltschutzgesetz, assert AGG claims against an employer, negotiate workplace measures such as transfers or suspensions, and recover compensation Schmerzensgeld for pain and suffering and other damages. Legal counsel is also valuable when harassment involves online abuse or image sharing, when there are complex power dynamics such as a supervisor or landlord, when retaliation is a risk, when deadlines are approaching, and when settlements or disciplinary outcomes must be documented and enforced. If you are accused of harassment, you should seek defense counsel immediately to protect your rights and navigate investigations.

Local Laws Overview

Criminal law StGB. Section 184i StGB sexual harassment penalizes deliberate physical touching of a sexual nature against a persons will. It is generally an offense requiring a victim application to prosecute Antragsdelikt unless the public prosecutor finds a special public interest. The application Strafantrag normally must be filed within three months of identifying the perpetrator Section 77b StGB. Section 177 StGB covers sexual coercion and rape, which are prosecuted ex officio. Other potentially relevant offenses include Section 201a StGB violation of intimate privacy by taking or distributing unlawful images and Section 238 StGB stalking. Limitation periods vary. For Section 184i, the typical limitation is three years.

Employment and civil law. The General Equal Treatment Act AGG prohibits sexual harassment in employment Section 3 paragraph 4. Employers must prevent harassment, investigate complaints, and take suitable measures such as warnings, transfers, or dismissal Section 12 AGG. Employees have a right to complain to an internal complaints body Section 13, to refuse performance in serious cases without loss of pay Section 14, and to seek compensation and damages Section 15. Important deadlines apply. Claims must be asserted in writing to the employer within two months of the incident or of becoming aware Section 15 paragraph 4 AGG. If unresolved, a lawsuit must typically be filed within three months after the written assertion Section 61b Labor Court Act ArbGG. Tort law under the Civil Code BGB Sections 823 and 253 may provide additional claims for damages and pain and suffering against perpetrators.

Protection orders. Under the Protection Against Violence Act Gewaltschutzgesetz, the family court at the local district court Amtsgericht Baden-Baden can issue urgent injunctions such as no-contact orders if there has been violence, threats, or unlawful stalking. Online or image-based abuse may also justify injunctive relief and removal or takedown orders.

Workplace co-determination and whistleblowing. Works councils Betriebsrat have co-determination rights on workplace conduct and prevention measures Section 87 paragraph 1 no. 1 BetrVG. The Whistleblower Protection Act Hinweisgeberschutzgesetz requires many employers to provide safe reporting channels and protects against retaliation when reporting criminal offenses such as sexual harassment.

Local enforcement. In Baden-Baden, reports can be made to the local police and the public prosecutor. Criminal cases are heard at the Amtsgericht Baden-Baden or, for more serious offenses, at the Landgericht Baden-Baden, with appeals to the Higher Regional Court OLG Karlsruhe.

Frequently Asked Questions

What counts as sexual harassment under German law

In criminal law, sexual harassment is unwanted physical sexual touching Section 184i StGB. In employment and civil law, sexual harassment covers any unwanted sexual conduct that violates dignity, including remarks, gestures, suggestive messages, displaying sexual content, and physical advances Section 3 paragraph 4 AGG. One incident can be enough if it is severe.

Is sexual harassment a crime in Germany

Yes. Section 184i StGB criminalizes sexual harassment involving unwanted physical touching. Other behaviors can be criminal under different provisions, for example Section 201a StGB for unlawful intimate images or Section 238 StGB for stalking. Harassment that escalates to coercion or assault is addressed by Section 177 StGB.

Do I need to file a special application to prosecute

For Section 184i StGB sexual harassment, prosecution typically requires a Strafantrag by the victim within three months of learning the identity of the offender Section 77b StGB unless the prosecutor finds a public interest. You can submit a Strafanzeige general criminal complaint and a Strafantrag application together at the police or directly with the public prosecutor.

What should I do immediately after an incident

If you are in danger, call 110. Seek medical care and ask for documentation of injuries. Preserve evidence such as clothing, messages, emails, and screenshots. Write down a detailed account including date, time, location, witnesses, and what was said or done. Do not delete messages. Consider contacting a lawyer and a support service for confidential guidance.

How does workplace law protect me in Baden-Baden

Under the AGG, your employer must prevent and stop harassment. You can file an internal complaint Section 13, request protective measures, and in serious cases refuse to work without loss of pay Section 14 until the employer acts. You may claim compensation and damages Section 15. Works councils can help ensure proper procedures and preventive measures.

What are the deadlines for AGG claims

You must assert your AGG claim in writing to the employer within two months of the incident or of learning about it Section 15 paragraph 4 AGG. If the matter is not resolved, you generally must file a lawsuit with the labor court within three months after the written assertion Section 61b ArbGG. Missing these deadlines can bar your claim.

Can I obtain a restraining order in Baden-Baden

Yes. The family court at the Amtsgericht Baden-Baden can issue orders under the Gewaltschutzgesetz, including no-contact and stay-away orders. Urgent orders can be obtained quickly with a sworn statement and supporting evidence. A lawyer can prepare and file the application and coordinate with police if needed.

What compensation can I receive

Possible remedies include compensation for immaterial harm under Section 15 AGG, pain and suffering Schmerzensgeld and other damages under civil law BGB, and restitution for costs such as therapy or medical treatment. Employers may be liable if they failed to fulfill prevention and protection duties. Perpetrators can be liable directly.

Will reporting affect my immigration or residence status

Reporting a crime does not by itself jeopardize your residence status. Victims and witnesses are protected, and confidentiality is respected. If you hold a residence permit tied to employment, a lawyer can help you address any employment changes and coordinate with the immigration authority as needed.

Can I report anonymously or confidentially

You can consult support services and lawyers confidentially. Police reports generally require your identity to proceed, particularly if a Strafantrag is needed. Some employers offer confidential internal reporting channels under the Hinweisgeberschutzgesetz. A lawyer can explore options that best protect your privacy while preserving your legal rights.

Additional Resources

Police emergency 110 for immediate danger or to report a crime. Medical emergency 112 for urgent medical assistance.

Hilfetelefon Gewalt gegen Frauen 08000 116 016 provides 24 hour confidential support in many languages for women affected by violence, including sexual harassment and assault. They can advise and refer you to local services in Baden-Baden.

Weisser Ring 116 006 is a nationwide victim support organization offering counseling, accompaniment to police and courts, and practical assistance. They have regional contacts for Baden-Baden and surrounding areas.

Municipal equality office Gleichstellungsbeauftragte der Stadt Baden-Baden can provide local information on counseling and support services. Contact via Baden-Baden city hall.

Pro familia counseling centers in the Baden-Baden and Rastatt region provide psychosocial support and advice on sexual health and violence. They can assist with documentation and referrals.

Local womens counseling centers Frauenberatungsstellen and shelters Frauenhaus in Baden-Baden and the district of Rastatt offer crisis help, safety planning, and legal information. Ask police, Hilfetelefon, or Weisser Ring for current contact details.

Antidiscrimination resources include the federal Antidiskriminierungsstelle des Bundes, which provides information on AGG rights and claims time limits and can refer you to legal advice.

Next Steps

Prioritize safety. If you are at risk, call 110 and go to a safe place. Seek medical attention and ask the provider to document findings.

Preserve evidence. Save messages, emails, photos, call logs, and social media content. Take screenshots and note dates. Write a detailed timeline while memories are fresh. Identify potential witnesses.

Get legal advice early. Contact a lawyer experienced in sexual offenses and employment discrimination in Baden-Baden. Ask about criminal reporting, AGG deadlines, protective orders, and compensation. Bring any employment policies, contracts, and correspondence.

Consider reporting. File a criminal complaint and, if applicable, a timely Strafantrag for Section 184i StGB. In the workplace, submit a written AGG complaint internally within two months. Request immediate protective measures such as separating you from the harasser.

Seek support. Call the Hilfetelefon 08000 116 016 or Weisser Ring 116 006 for confidential assistance and referrals to local services. Consider counseling or therapy for emotional support.

Document employer actions. Keep copies of complaints, responses, and measures taken. If the employer fails to act, discuss escalation to the labor court within the statutory time limits.

Follow up on protection. Where needed, apply for a no-contact order at the Amtsgericht Baden-Baden under the Gewaltschutzgesetz. Coordinate with police to enforce any violations.

If you are accused, do not make statements to police or your employer before consulting a lawyer. Preserve your own evidence and witness information, and follow legal advice on cooperation and defense strategy.

This guide provides general information for Baden-Baden. Your situation may require tailored advice. Timely action is critical because some rights are subject to short deadlines.