Paragraph 175

Graph of convictions under Paragraph 175. Spike occurs during Nazi era, and dropoff after partial repeal in 1969. Note: "BRD" refers to West Germany (Bundesrepublik Deutschland).

Paragraph 175 (known formally as §175 StGB; also known as Section 175 in English) was a provision of the German Criminal Code from 15 May 1871 to 10 March 1994.[citation needed] It made sexual relations between males a crime, and in early revisions the provision also criminalized bestiality as well as forms of prostitution and underage sexual abuse. Overall, around 140,000 men were convicted under the law. The law had always been controversial and inspired the first homosexual movement, which called for its repeal.

The statute drew legal influence from previous measures, including those undertaken by the Holy Roman Empire and Prussian states. It was amended several times. The Nazis broadened the law in 1935 as part of the most severe persecution of homosexual men in history. It was one of the few Nazi-era laws retained in its original form in West Germany, although East Germany reverted to the pre-Nazi version.[citation needed] In 1987, the law was ruled unconstitutional in East Germany, and was repealed there in 1989.[citation needed] In West Germany, the law was revised in 1969,[citation needed] whereby the criminal liability of homosexual adults (then aged 21 and over) was abolished but remained applicable to sex with a man less than 21 years old, homosexual prostitution, and the exploitation of a relationship of dependency. The law was again revised in 1973[citation needed] by lowering the age of consent to 18 years, and finally repealed in 1994.


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