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Two Northern States Push 'Nur Ja heißt Ja' Consent Rule

The move seeks to force the federal government to produce a draft consent-based sexual-criminal law by using a Bundesrat resolution followed by a Bundestag motion.

Overview

  • Hamburg and Mecklenburg‑Vorpommern launched the initiative on Wednesday by filing a Bundesrat resolution and announcing a corresponding motion for the Bundestag to press for a 'Nur Ja heißt Ja' rule.
  • The states asked the federal government to present a draft law promptly and scheduled a Bundesrat debate on the resolution for July 10, 2026.
  • 'Nur Ja heißt Ja' would make voluntary, recognizable consent the decisive legal criterion so that silence, freezing or uncertainty are explicitly not treated as consent.
  • Supporters including Hamburg justice senator Anna Gallina and Mecklenburg‑Vorpommern justice minister Jacqueline Bernhardt say the change would strengthen sexual self‑determination and remove legal ambiguity in cases of non‑verbal responses.
  • A Bundesrat resolution can increase political pressure but cannot itself change federal criminal law; a nationwide switch requires Bundestag legislation and broader political agreement after last week's Justice Ministers' Conference failed to win a majority for a similar proposal.