DiKE Die Jugendschutztatbestände im Sexualstrafrecht

Two major protection concerns can be identified in sexual criminal law, which at first glance appear to be contradictory: On the one hand, there is the protection of positive sexual self-determination, i.e. the freedom to decide for oneself when, where and with whom sexual contact takes place. On the other hand, there is the comprehensive protection of minors from abuse by not granting them precisely this freedom for their own good. How can the two goals be reconciled - especially with regard to adolescents? The study offers for the first time a comprehensive concept of sexual self-determination in criminal law, which is oriented towards the contemporaneous autonomy debate in Anglo-American philosophy. In addition, the limits of a permissible paternalism in criminal law are explored, and subsequently, in an examination of social science literature, the substantive premises of the protection of minors are critically scrutinized.