Defence Lawyer for Sexual Harassment Allegations

By Dr. Julius Hagen, Attorney-at-Law

Defence in sexual harassment allegations

Proceedings under Section 184i StGB often appear less serious than they really are for the suspect. Many cases begin with a brief touch and then escalate into a criminal complaint, police summons and a criminal investigation with significant professional and private consequences.

Legally, the key issue is whether the alleged contact really satisfies the statutory offence. Section 184i StGB requires physical touching in a sexual manner; prosecution generally requires a request for prosecution by the alleged victim unless the authorities assume a special public interest.

What is usually really disputed in Section 184i cases

In many sexual harassment cases, the real issue is not whether there was some form of contact, but how that contact should be classified. Was it a brief touch without criminal relevance, or conduct that may be treated as sexual touching under criminal law? Because these cases often turn on only a few seconds, the decisive points usually lie in detail rather than in broad labels.

The statutory starting point remains narrow: the offence concerns physical touching in a sexual manner, not every situation later experienced as inappropriate.

Why these allegations often turn on detail

Many allegations arise from short and confusing situations. The case may involve contact in passing, a grab in a crowded place, a physical advance at a party, a situation after alcohol, or an incident between people who already knew each other.

What quickly becomes important is where the touching is said to have occurred, how it happened, what came immediately before it, who saw what, and whether there were later messages, apologies, complaints, or internal reports. Anyone facing an allegation in circumstances like these should have the case reviewed early — before making any statement that may later limit the options available to the defence.

Why unprepared explanations often cause damage

Many suspects feel the urge to explain everything immediately. That reaction is understandable, but often risky. Anyone who gives a spontaneous account without knowing the file usually does not know the exact version already given by the other side, the available witnesses, or the documents that may later matter most.

In cases that may turn on only a few seconds and their later interpretation, early statements can create unnecessary problems for the defence.

What matters where professional consequences are involved

The allegation often does not remain confined to the criminal case. Employer meetings, internal complaints, suspension, or reputational pressure may arise very early. Under German employment law, sexual harassment is broader than the criminal offence and may also include sexually charged remarks, requests, or other sexually determined conduct.