Term and Definition of Pederasty
The term “pederasty” originates from Ancient Greek (παῖς, pais = boy, ἐράω, erao = to love) and originally referred to a form of relationships between adult men and male youths that was especially prevalent in ancient Greece. Today, in German-speaking countries, the term is predominantly used synonymously to describe sexual acts by adults with children or adolescents of the male gender. In modern legal and social science terminology, the term is historically attested but is largely replaced by the terms “sexual abuse of children” or “sexual abuse of adolescents” to provide a precise and value-neutral designation.
Historical Development of Pederasty
Ancient Greece
In antiquity, pederasty was known primarily in ancient Greece as a social institution that contained pedagogical, social, and sexual elements. From a historical perspective, these relationships formed a part of the educational system; however, it should be noted that from today’s point of view, the term receives a completely different legal assessment.
Change in Legal Understanding
With the development of modern criminal law norms and a changed societal interest in protecting minors, the evaluation of sexual contact between adults and minors became subject to clear criminal prohibition. Numerous international conventions and national codes are dedicated to protecting the sexual self-determination of children and adolescents.
Pederasty in Modern Law
Criminal Law Classification
Germany
Under German law, all sexual acts by adults with children under 14 years of age are punishable as “sexual abuse of children” according to Section 176 of the Criminal Code (StGB). Sexual abuse of adolescents is also punishable under Sections 182, 174 et seq. StGB if a dependency relationship exists or there is an age difference that precludes valid consent.
The term “pederasty” does not appear in current legislation; historically it can still be found in older commentaries and legal texts, but is replaced by more precise terms.
Key Criminal Law Provisions:
- Section 176 StGB: Protection of children under 14 years old from sexual acts (regardless of the child’s consent)
- Section 182 StGB: Protection of adolescents under 16 or 18 years of age from sexual acts by adults, especially in cases of exploitation of coercive situations, lack of maturity, or dominance
- Section 174 StGB: Abuse of persons entrusted to care and dependent relationships
Austria
In Austria, similar offenses are regulated in the Criminal Code, particularly under Sections 206 et seq. StGB (Sexual Abuse of Minors/Adolescents). Here too, special emphasis is placed on protection from exploitation of power or dependent relationships and a clear prohibition of sexual contact with minors. The term “pederasty” is also no longer used; in historical literature, however, it can still be found as a designation for criminal behavior.
Switzerland
The Swiss Criminal Code regulates “sexual acts with children” in Article 187 StGB and “sexual acts with dependents” in Article 188 StGB. The sexual self-determination of minors is at the center of criminal protection. The term pederasty is also obsolete in Switzerland today.
International Law
Foundations of International Law
International regulations such as the UN Convention on the Rights of the Child (Art. 34) obligate signatory states to protect children from “sexual exploitation and sexual abuse.” The European Convention on Human Rights (ECHR) also mandates the protection of private life in Articles 8 and 14 and prohibits discrimination based on age.
Criminal Law Conventions
- Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (Lanzarote Convention)
- Hague Child Protection Convention
Both treaties expressly require national criminal prosecution of sexual acts by adults with or towards children.
Legal Consequences and Sanctions
Sentencing
The sentence for sexual acts against children depends on the severity of the offense, the age of the victim, and the nature of the relationship between perpetrator and victim. In Germany, Austria, and Switzerland, offenders face several years of imprisonment, up to even higher sentences in particularly severe cases, and preventive detention may also be imposed.
Limitation Period
Due to the special need to protect minor victims and the frequently delayed reporting of offenses, statutes of limitations have been significantly extended or, in some cases, abolished altogether in accordance with international standards.
Professional and Societal Consequences
In addition to criminal sanctions, further consequences such as professional bans, loss of custody, revocation of driving licences (if there is danger to others), and inclusion in sex offender registers may occur. Social stigmatization and exclusion are other common consequences.
Distinction from Other Terms
The term “pederasty” has today been largely replaced in criminal and public law by the terms “sexual abuse of children” or “sexual abuse of adolescents.” In forensic and psychological contexts, the term “pedophilia” is often used, which refers to a sexual preference and does not necessarily involve any act.
Discussion About the Term and Its Usage
In light of the modern concept of abuse, the term “pederasty” is controversial due to its historical meaning and its association with cultural practices of antiquity, and has largely been replaced in modern discourse by “sexual abuse.” Scholarly and legal literature continues to use the historical term to clarify certain cultural-historical phenomena, but not to describe current criminal offenses.
Literature and Web Links
- Criminal Code (Germany), current version
- Criminal Code (Austria), current version
- Swiss Criminal Code, current version
- Council of Europe Lanzarote Convention
- Sections 176, 174, 182 StGB
- UN Convention on the Rights of the Child: Full Text
Note: This article is intended solely for factual information. The content presented here is subject to the respective national legal provisions and may change over time.
Frequently Asked Questions
Is pederasty punishable by law in Germany?
Pederasty refers to relationships or sexual acts between adult men and underage boys and is clearly criminally relevant in Germany. According to the Criminal Code (§ 176 StGB – Sexual Abuse of Children), any sexual act with persons under 14 years of age is strictly prohibited and prosecuted as a crime. For adolescents between 14 and 18 years, further protective provisions apply (§ 182 StGB – Sexual Abuse of Adolescents). Acts between adults and adolescents involving a relationship of dependency or exploitation are also punishable. Additionally, possession, distribution, and production of depictions of sexual abuse of minors are also punishable offenses (§ 184b StGB). Sentences range from fines to several years of imprisonment, especially if violence, threats, or other aggravating circumstances are involved.
What criminal consequences exist if sexual abuse in the context of pederasty is proven?
Anyone convicted under German law of sexually abusing a child (under 14 years of age) must expect a prison sentence of at least one year up to 15 years. In less serious cases, the minimum can be lower, but the potential sentence is deliberately set high to ensure special protection for children. If violence or threats are used, the penalty increases accordingly. Particularly severe cases—such as repeated abuse, collective offenses (e.g., group abuse), severe psychological or physical injury to the victim, or special exploitation of a dependency—result in aggravated penalties including preventive detention after serving the prison sentence.
What legal provisions exist regarding the age of consent?
In criminal law, the age of consent refers to the minimum age at which individuals can independently make effective sexual decisions. In Germany, the general age of consent is 14 years; sexual acts with persons under 14 are strictly prohibited. Between 14 and 16 years, sexual contact with persons over 21 is prohibited if there is exploitation of a coercive situation or lack of sexual maturity. Between 16 and 18 years, the provisions for abuse of dependent persons apply if there is a dependency or supervisory relationship. These legal rules serve to protect minors from sexual exploitation.
Are there differences in how pederasty is handled under German criminal law compared to other countries?
Yes, there are international differences both regarding the age of consent and dealings with sexual acts between adults and minors. While Germany sets clear age limits and comprehensive protective provisions, these vary worldwide: In some countries, the age of consent is lower or higher, and penalties for such acts or depictions can differ. Furthermore, victim protection and special criminal procedures for the protection of minors also vary in strictness. In many other legal systems (e.g., Anglo-Saxon countries), terms like “statutory rape” are common and refer exclusively to the age factor, regardless of whether there is exploitation.
How are suspected cases handled during criminal investigations?
In case of an initial suspicion of pederastic acts, the public prosecutor initiates an investigation. This typically involves questioning witnesses and victims, seizing data carriers, and cooperating with youth welfare offices and specialized professionals. Additionally, the victim is afforded special protection through witness protection measures. Since this is an ex officio offense, prosecution must be initiated by the authorities, and a report by third parties is not strictly necessary. Undercover investigative methods or cooperation with international authorities (e.g., in internet offenses) are also frequently used.
Are there statutes of limitations for offenses related to pederasty?
For the prosecution of sexual offenses against children in Germany, statutes of limitations have been extended or in some cases suspended. The limitation period often begins only when the victim turns 30, to allow for later reporting—such as after overcoming trauma. Maximum limitation periods reach 20 years or more depending on the severity of the offense. For particularly serious offenses, such as those resulting in death, limitation may be excluded altogether.
What should be done if there is suspicion of pederastic acts?
In case of suspicion, contact should be made immediately with law enforcement authorities (police, public prosecutor’s office) or specialized advisory centers. Gathering evidence on your own should be avoided to prevent endangering the investigation. The child’s welfare is always the priority; therefore, confidential and professional support for those affected—also involving the youth welfare office, doctors, or psychologists—is required. The investigation will then be initiated and conducted by the competent authorities.
