Date: Tue, 14 Jun 1994 23:29:06 +0100 (BST)
From: "D.A Woelke" <D.A.Woelke@durham.ac.uk>

After having compared my version of the new p 182 with that of Alan, I 
checked with a friend in Germany: And indeed the 'version' I got from the 
German Embassy was the Bill rather that the final Act. So here again 
Alan's version with corrections in sub-section (4) (mine):

Corrected free English translation of:

s.182 <1994> Sexual abuse of adolescents

(as published in the Official Journal on 10/6/1994)


(1) A person over 18 years old who abuses a person under 16 years old so that:
1. he performs a sexual act with the first person or allows the first person 
to perform such an act with him by means of constraint or for reward, or
2. he performs a sexual act with a third person or allows a third person to 
perform such an act with him by means of constraint,
shall be punished by imprisonment for not more than five years or by a fine.

(2) A person over 21 years old who abuses a person under 16 years old so 
    that:
1. he performs a sexual act with the first person or allows the first person 
to perform a sexual act with him, or
2. he performs a sexual act with a third person or allows a third person to 
perform such an act with him,

and thereby exploits the victim's lack of the capacity for sexual 
self-determination, shall be punished by imprisonment for not more than 
three years or by a fine.

(3) In cases of subsection (2), a prosecution shall only be launched on a 
formal complaint [as defined in par. 77, ie which is within 3 months of 
the act and can be withdrawn at any time] unless the Prosecution Service 
thinks official intervention is necessary due to a particular public interest.

(4) In cases (1) and (2), the Court can refrain from inflicting any 
punishment where the offender's behaviour was such that there was little 
wrong in the act."
------------------

Still quite a stretchable section if you ask me.


Andrea

******************************************************************************
	Andrea Woelke, St Cuthbert's Society, Durham

	d.a.woelke@durham.ac.uk (Usual disclaimer)
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