Latest developments in the law governing sexual offences

theme No.: 28d
responsible federal state: Federal Government
date: 17.09.2023 - 22.09.2023

The conference is aimed at judges and public prosecutors.
The 50th amendment to criminal law – improved protection for victims of offences against sexual self-determination – took effect in November 2016 and fundamentally altered the way in which the law governing sexual offences operates. Not only did the amendment result in the “no-means-no” solution being enshrined in the Criminal Code, a number of new basic offences were added to the law governing sexual offences. Further to this, in 2021, more encompassing changes are expected to come into effect in the law governing sexual offences, to protect children and to combat the creation and sharing of child pornography. The conference will look at these changes individually and discuss practical experience in applying the law, as well as significant court rulings based on the new offences.
Additionally, there will be a focus on the special difficulties and requirements in criminal proceedings conducted for sexual offences, in particular in light of the changes to the law. Among other discussion points will be the effects on legal practice of re-classifying a number of offences from non-indictable to indictable, and the newly-introduced principle of expedience in legal proceedings involving victims and witnesses who are minors. Another key issue for discussion will be the use of video conferencing technology for questioning. The conference will also discuss “date rape” drugs – the substances themselves, the way they work and the extent to which their use can be proved, and other topics such as in-trial counselling and victim support in practice.
A special focus will be placed on the challenges posed by investigations involving child pornography.
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