Overview
- The Bundesrat adopted a resolution on Friday, July 10, 2026, urging the federal government to replace the current “No means no” standard with a “Only yes means yes” consent rule and has forwarded the request to the Bundestag and cabinet for consideration.
- The proposal, led by Hamburg and supported by several states and Justice Minister Stefanie Hubig, would make voluntary and explicit consent the decisive element for criminal liability instead of requiring an identifiable expression of refusal.
- Supporters cite scientific and prosecutorial findings about freeze reactions, sleep or fear that can prevent victims from saying no and argue courts should focus on whether consent was present, not whether resistance was shown.
- Opponents, mainly in the CDU/CSU, warn the change would not solve core evidentiary problems because many cases have no witnesses and say courts could face new legal uncertainty about what counts as a clear “yes”; commentators also note fewer than ten percent of sexual assaults are reported, limiting immediate effects on convictions.
- If the federal government takes up the Länder request, Minister Hubig has signalled she could table a bill later this year but any change would require parliamentary debate and votes, with advocates saying the law could also serve as a public signal to strengthen consent norms even if prosecutions rise only slowly.