Germany's justice minister proposes extending rape statute of limitations to 20 years and adopting 'only yes means yes' consent rule

The minister's two-pronged proposal

Federal Justice Minister Stefanie Hubig (SPD) laid out a plan to overhaul Germany's sexual criminal law in interviews published on 11 June 2026, ahead of the conference of state justice ministers in Hamburg. She wants to extend the statute of limitations for rape from five years to twenty years, arguing the current window is too short for victims who often need years or decades before they are able to file a complaint. The second pillar of her proposal is a shift from the existing 'no means no' principle to a consent-based 'only yes means yes' standard, which would make any sexual act without explicit consent punishable.

“A 5-year statute of limitations is too short for rape. In my view, 20 years would be appropriate — as it is for comparably serious crimes. We want to adapt this as soon as possible.”

The current legal standard and its critics

Germany has applied the 'no means no' principle since November 2016. Under that framework, a sexual act is criminal if it is carried out against the recognisable will of another person, expressed verbally or through defensive movements. Before 2016, the law generally required the victim to have resisted physically or for the perpetrator to have used force or threats. Hubig described the 2016 reform as an important step, but said the time is now ripe for the next one. She pointed to other European countries that have already adopted consent-based laws, including Spain, France and Sweden. France introduced the 'only yes means yes' principle in October 2025.

“Many European states already have this solution — and it works. I see it as a model.”

A CDU minister breaks ranks on consent

A notable signal came from Hesse's justice minister Christian Heinz (CDU), who told Die Welt that his state supports the 'yes means yes' approach. He said the current legal situation leads to many perpetrators not being convicted, calling it a structural problem at the expense of women that must be addressed legislatively. Heinz's stance marks the first time a CDU minister at the state level has publicly backed the consent-based model, which until now had been championed mainly by the Greens and the SPD in the Bundestag.

“'Yes means yes' is the right path for us to finally protect women better.”

Skepticism from within the coalition

Despite Heinz's support, resistance persists inside the CDU/CSU parliamentary group. Deputy faction leader Günter Krings (CDU) told the Rheinische Post that while he considers a longer statute of limitations sensible, he rejects the consent principle on evidentiary grounds. He argued that sexual assaults almost always occur without witnesses, and that shifting the burden of proof from demonstrating resistance to demonstrating explicit consent does not structurally change the investigative reality. Krings warned that the consent model raises hopes among victims that police investigations cannot fulfil in practice.

“The consent principle raises hopes among those affected for better criminal prosecution, which cannot be fulfilled in the reality of police investigations.”

Political arithmetic and next steps

The Greens had already submitted a similar proposal in the Bundestag, which was referred to committee. SPD lawmakers have signalled openness, while AfD politicians have expressed scepticism alongside parts of the Union. The state justice ministers' conference in Hamburg, which began on 11 June, is expected to serve as a forum for the debate, though any legislative change would need to pass through the federal parliament. Hubig said the statute-of-limitations extension should be adapted as soon as possible.