In Germany, there are calls to change the legal approach to consent to sex
The German Minister of Justice has called for stricter laws governing the concept of consent to sexual relations. She proposed introducing the principle of “only ‘yes’ means ‘yes,’” replacing the current approach, under which the absence of objection is sufficient (“no means no”).
German Federal Minister of Justice Stefanie Hubig advocates for amendments to current criminal law regarding what constitutes consensual sex.
She proposes adopting a stricter approach that “only ‘yes’ means ‘yes’”—instead of the “no means no” approach in effect since 2016. Consequently, a sexual act will be considered consensual only if all parties have clearly expressed their consent and were in a state where they were aware of their actions.
This principle is already in effect in Sweden, France, and Spain. In the summer of 2025, the Norwegian parliament supported the relevant changes.
Gubig plans to discuss this issue within the governing coalition. There is already broad support within the federal government for introducing this approach into legislation regarding minors.
“I think we now also need to discuss with the coalition whether we can take a full step forward,” the minister said. She noted that this would provide better protection for victims and clearer rules.
Under current German law, rape can only be considered to have occurred if the party who did not want sex clearly stated their unwillingness. Since 2016, when the “no means no” principle took effect, it is no longer required for a person to physically resist in order for the sex to be recognized as having taken place against their will.
This was reported by Tagesschau.
