Definition and legal foundations of the abuse of dependents
The term abuse of dependents describes, in legal science, an element of various criminal law provisions and represents a specific form of exploiting a relationship of power, superiority, or dependency. Legally, this criminal offense serves primarily to protect individuals who, due to a subordinate relationship, are partially or entirely deprived of their autonomous freedom of action. The relevant regulations are found mainly in the German Criminal Code (StGB), but also in civil law, labor law, and other areas of law.
Elements of the offense and interpretative questions
The essential prerequisites of abuse of dependents require that a relationship of dependency exists and that this is deliberately exploited by the perpetrator for their own benefit or to the detriment of the dependent person. Usually, the following aspects must be addressed:
- Existence of a relationship of dependency: Such a relationship exists when one person is subordinated to another to an extent that significantly impairs autonomous decision-making. Examples include relationships between employer and employee, superiors and subordinates, tenants and landlords, teachers and students, doctors and patients, as well as care staff and those in need of care.
- Exploitation of dependency: The perpetrator deliberately takes advantage of the influence they have in order to obtain a benefit or to cause harm to another person.
- Causality: There must be a connection between the relationship of dependency and the outcome of the offense.
- Intent: It must be proven that the perpetrator acts knowingly and intentionally with regard to all objective elements of the offense.
Regulations in criminal law
Criminal offenses under the Criminal Code (StGB)
Der abuse of dependents is regulated in various provisions of German criminal law, including in particular:
§ 174c StGB – Sexual abuse by exploiting a counseling, treatment, or care relationship
§ 174c StGB concerns cases in which persons who are in a particularly confidential relationship with each other (e.g., therapist-patient) abuse this relationship of trust to commit sexual acts. This provision especially protects the sexual self-determination of dependent persons.
§ 174 StGB – Sexual abuse of wards
§ 174 StGB protects persons who, due to their age or their dependency, are in a special protective relationship. A prerequisite is the exploitation of this dependency or protective relationship by the perpetrator.
Other relevant criminal law provisions
Other regulations in which abuse of dependents plays a role include, for example:
- § 225 StGB (Mistreatment of wards)
- § 332 StGB (Acceptance and granting of advantages in office)
- § 240 StGB (Coercion, insofar as a relationship of dependency is exploited)
Sentencing and special circumstances
When determining the penalty, the intensity of the exploitation of the dependency relationship plays a central role. A particularly serious case may be present if the relationship of dependency is substantially instrumentalized and the dependent person suffers significant psychological or physical harm.
Relationships of dependency in civil law
In civil law as well, the protection of dependents is an important legal interest. Special provisions exist, for example, for legal transactions concluded by exploiting a relationship of dependency (§§ 138, 123 BGB).
Immorality according to § 138 BGB
A legal transaction concluded by exploiting a predicament, inexperience, significant weakness of will, or dependency and where there is a conspicuous disproportion between performance and consideration is immoral and therefore void.
Contestability due to unlawful threat (§ 123 BGB)
If one party has forced a legal transaction by exploiting a dependency relationship through threat or deceit, it can be contested.
Abuse of dependents in labor and social law
In labor law, protection against the abuse of dependent employees is of great importance. Employment relationships are characterized by a one-sided dominance by the employer, which is why employees require special protection.
Harassing treatment and discrimination
If an employer violates the prohibition of harassing treatment, discrimination, or disadvantaging—for example, by exploiting the economic or social predicament of the employee—this can lead to labor law and, in part, criminal law consequences.
Protective provisions in labor law
The Protection Against Unfair Dismissal Act, the General Equal Treatment Act (AGG), the Maternity Protection Act, and the Works Constitution Act contain special protective provisions against the abuse of dependencies.
Legal consequences and sanctions
The legal consequences of the abuse of dependents may be governed by civil, labor, or criminal law:
- Criminal law: Prison sentences or fines, up to and including professional bans
- Civil law: Ineffectiveness of legal transactions, claims for damages, rights of contestation
- Labor law: Warning, dismissal, claims for damages, liability of the employer
In addition, further ancillary consequences, such as a temporary professional ban or the revocation of certain licenses, may be imposed.
Procedural aspects
In civil proceedings, the burden of presentation and proof of exploitation of a dependency relationship regularly lies with the disadvantaged party. In criminal law, the principle of ‘in dubio pro reo’ (when in doubt, for the accused) applies, which can pose particular challenges for gathering evidence.
Prevention and victim protection
To protect against the abuse of dependents, there are a variety of preventive and supportive measures:
- Internal compliance guidelines and training in companies and institutions
- Institutional supervisory and complaints procedures
- Psychological support and counseling services
Affected persons have access to various contact points and protection mechanisms to counteract existing abuse or seek help.
Relevance of the term in an international context
Regulations protecting dependent persons can also be found in numerous legal systems outside Germany. In particular, international labor and human rights agreements regularly prohibit the abuse of relationships of dependency.
References and further information
A deeper understanding of the legal issues surrounding the abuse of dependents is provided by relevant commentaries on the Criminal Code, Civil Code, as well as labor law literature and corresponding case law by the German courts.
Summary:
Der abuse of dependents is a comprehensively regulated legal term whose protective scope extends from criminal law and civil law to labor law. The focus is always on protecting the freedom of action of the subordinate person and preventing the exploitation of relationships of power and dependency to their detriment. Statutory provisions create a broad protection framework and impose severe sanctions for violations.
Frequently Asked Questions
Who is considered ‘dependent’ within the meaning of abuse of dependents under German law?
In German criminal law, especially in connection with § 174c StGB (abuse of dependents), a ‘dependent’ person is understood as one who stands in a relationship of dependency to another person. This may be of an economic, service-related, professional, or social nature. The decisive factor is that the dependent person is significantly restricted in their freedom of decision due to the existing relationship and is especially exposed to the influential party. The assessment of whether such a relationship exists is determined case by case on the basis of all relevant circumstances, such as differences in hierarchy, threatened economic disadvantages in the event of refusal, or a particular need for protection of the dependent person. In the case of minors, or within employment or training relationships, actual power structures and dependencies are often considered, without the necessity of a formal legal relationship.
When does ‘abuse’ occur within the meaning of § 174c StGB?
An ‘abuse’ in the sense of § 174c StGB occurs when the dependent person, due to the existing relationship of dependency, is induced or compelled to engage in sexual acts, whereby the perpetrator deliberately exploits this dependency. It is sufficient if the dependent person, because of their situation, cannot freely refuse, and the perpetrator knows this and purposefully takes advantage of it to have sexual acts performed on or by the dependent person. The acts must be of some seriousness; mere touching or actions lacking clear sexual motivation are often insufficient. Whether abuse has occurred is also determined on a case-by-case basis according to the objective circumstances and the subjective element of intent.
What penalties are imposed for the abuse of dependents under German law?
Abuse of dependents under § 174c StGB is punishable by imprisonment from six months to five years. In particularly serious cases—for example, in cases of repeated abuse or serious physical or psychological consequences for the victim—the court may impose a prison sentence of at least one year. A reduction of sentence or suspension on probation is possible in less serious cases if special circumstances are present. Additional consequences such as professional sanctions, withdrawal of teaching assignments, or employment bans may be imposed if the perpetrator works with dependents in educational institutions, homes, or by virtue of some official position.
Can minors also be victims of abuse of dependents?
Yes, minors are particularly often affected by the abuse of dependents, since they are generally considered more in need of protection and often find themselves in relationships of dependency, for example within families, schools, clubs, homes, or during training. The law specifically protects against the abuse of authority or care relationships for sexual offenses or the exploitation of the weaker position. If the victim is a minor, the circumstances are regularly scrutinized with particular rigor. The law also clarifies that, alongside the abuse of dependents, additional offenses such as sexual abuse of children (§ 176 StGB) may apply, often leading to higher penalties.
Which types of evidence are relevant in criminal proceedings for abuse of dependents?
In criminal proceedings, statements by the affected person are of central importance. Additional evidence may include medical reports, psychological expert opinions for assessing the dependency relationship, records of communications (e.g., emails, chats), statements from other witnesses (such as colleagues or classmates), as well as any existing documentation or protocols regarding the relationship between perpetrator and victim. The credibility of the victim’s statement plays a decisive role, with courts often carefully examining the relationship dynamics and possible motives for false statements. Furthermore, the victim’s individual behavior after the incident and previous irregularities in the relationship between perpetrator and victim may contribute to clarification.
Is a criminal complaint required, or is abuse of dependents prosecuted ex officio?
Abuse of dependents under § 174c StGB is an official offense and is therefore prosecuted ex officio. This means that law enforcement authorities (public prosecutors and police) are obliged to initiate investigations as soon as they become aware of the matter—regardless of whether the victim has filed a complaint. A separate criminal complaint by the victim is therefore not necessary; proceedings may even be initiated against the victim’s wishes. This serves the special public interest in protecting dependents from sexual abuse. However, the victim’s willingness to testify can be a decisive factor during the proceedings.
Are there statutes of limitation for the abuse of dependents?
Yes, the general criminal statutes of limitation under the Criminal Code apply to the abuse of dependents. The limitation period for offenses under § 174c StGB is generally five years (§ 78 para. 3 no. 4 StGB). In particularly serious cases, the limitation period increases to ten years. For offenses against minors, however, the limitation period often only begins when the victim reaches the age of 30 (§ 78b para. 1 no. 1 StGB), offering extended victim protection. This enables affected persons to file reports even years later, even if the crime took place during childhood or adolescence.
