The Penal Code specifies an offense of "sexual coercion (Sexuelle Nötigung)" for punishing a person who coerced another person to have sexual activity by violence or intimidation, etc. as one of the "offenses against the right to sexual self-determination (Straftaten gegen die sexuelle Selbstbestimmung)" (statutory penalty is imprisonment for one year or over). With regard to aggravated types of sexual coercion, provisions are specified for such cases as those accompanying sexual intercourse or penetration into a body (rape (Vergewaltigung)), those committed by multiple perpetrators, those committed by carrying or using weapons, and those causing serious health impairment or risk of death to victims (statutory penalty is imprisonment for two to five years or over), as well as for cases causing death of victims (statutory penalty is lifetime imprisonment or imprisonment for ten years or over).
  Furthermore, provisions for punishing persons who committed a sexual activity toward juveniles younger than 14 years of age are separately established (statutory penalty is imprisonment for six months or more up to 10 years). With regard to aggravated types of such offenses, provisions are specified for such cases as those committed by an offender once convicted for the same type of offense within the past five years, those accompanying sexual intercourse or penetration into a body by a person aged over 18, those committed by multiple perpetrators, those causing serious health impairment or risk of death to victims, and those with a purpose of making a victim a subject of pornography (statutory penalty is imprisonment for one year to five years or over), as well as for cases causing death of victims (statutory penalty is lifetime imprisonment or imprisonment for ten years or over).
  Other offenses against the right to sexual self-determination include sexual abuse by taking advantage of one's social status and sexual abuse against persons incapable of resisting.

  Fig. 6-4-5-2 shows trends in the number of reported cases for sexual coercion and aggravated types of sexual coercion (such as rape), over the last 10 years. Both numbers have been on a rise since 2001, marking a record high of the last ten years in 2004.
  The number of reported cases for sexual activities against juveniles younger than 14 years of age in 2004 was 7,894, and that for its aggravated types was 3,040 (Source: Polizeiliche Kriminalstatistik).

Fig. 6-4-5-2  Number of reported cases for sexual coercion (Germany) (1995-2004)

  In 1998, it was determined that when there is a possibility that criminal proceedings will be taken in the future for serious offenses with regard to a suspect or defendant under suspicion, the court may order to sample body cells of the person for DNA analysis. In 2004, it became possible to conduct DNA analysis on a suspect or defendant under suspicion of offenses against the right to sexual self-determination, even though they are not under suspicion of serious offenses.

  In 2003, related acts were revised and the statutory penalty for sexual activities accompanying sexual intercourse or penetration into a body against juveniles younger than 14 years of age by a person aged over 18, which is part of aggravated types of sexual activity offenses toward juveniles younger than 14 years of age, was raised from imprisonment for one year or more to imprisonment for two years or more.

  Social therapeutic institutions (Sozialtherapeutische Anstalt) are independent penal institutions or a part of penal institutions where social therapeutic treatment is conducted as one form of execution of imprisonment. Since 2003, inmates sentenced to imprisonment for two years or over for certain sexual offenses came to be transferred to social therapeutic institutions if treatment examination at penal institutions recommends treatment at social therapeutic institutions. Inmates sentenced to imprisonment for other offenses may also be transferred to social therapeutic institutions, but the consent of the inmates is required in such cases.

  Improvement and preventive detention (Masregeln der Besserung und Sicherung) is a disposition provided for preventing future criminal acts by offenders, independently from their responsibilities for offenses. They are different from punishment, consisting of what deprives offenders of freedom such as preventive confinement and what does not such as behavioral supervision.

  Preventive confinement is a disposition to confine an offender who is highly likely to further commit serious offenses even after completion of the execution of imprisonment in order to protect society from that person. The courts may order preventive confinement cumulatively with imprisonment mandatorily or cumulatively with penalties at its own discretion. In former cases, an offender needs to have been sentenced to imprisonment for two years or over for intentional offenses, have certain previous convictions, and have risks toward society. In latter cases, an offender needs to have been sentenced to imprisonment for three years or over for having committed three offenses for which imprisonment for one year or over shall be sentenced respectively, and have risks toward society. In 1998, the requirements for the courts to order preventive confinement cumulatively with imprisonment were eased for certain sexual offenses.
  In 2002, the system of reserving preventive confinement (meaning the system where the courts can reserve the order of preventive confinement for certain period if it cannot be determined whether the offender is dangerous to society or not when rendering a conviction for certain sexual offenses) was introduced. Furthermore, in 2004, the system of ex-post preventive confinement (meaning the system where the courts can order preventive confinement ex post facto at its own discretion if an offender turns out to be dangerous to society before completing the execution of imprisonment for certain sexual offenses) was introduced.

  Behavioral supervision is a disposition where probation officers and behavioral supervision offices provide support for offenders who are likely to further commit offenses after completion of the execution of imprisonment and at the same time behavioral supervision offices supervise their daily life for a certain period in order to prevent their repeat offenses. When a sentence of imprisonment for two years or more for intentional offenses is completely executed, behavioral supervision is sure to be commenced after release of the offender. In 1998, behavioral supervision came to be surely commenced after release also when a sentence of imprisonment for one year or more for intentional offenses is completed. Furthermore, in 1998, the scope of offenses for which the courts can order behavioral supervision cumulatively with imprisonment at its own discretion was expanded, covering almost all offenses against the right to sexual self-determination.