Hamburg Justice Senator pushes for 'Only Yes means Yes' consent law despite state divisions
Hamburg's Justice Senator Anna Gallina (Greens) reaffirmed her push for a 'Only Yes means Yes' sexual offence law, arguing the model works in 15 European countries. A parliamentary debate on Wednesday exposed sharp divisions, with the CDU warning of threats to the presumption of innocence.
The debate in Hamburg
Hamburg's Justice Senator Anna Gallina used a parliamentary session on Wednesday to once again advocate for moving Germany's sexual criminal law from the current 'No means No' principle to a consent-based model known as 'Only Yes means Yes'. She acknowledged the reform cannot solve all problems, but called the shift towards a consent-based solution central. The principle, she noted, already operates in 15 other EU countries.
The consent model and its supporters
The reform would require active, affirmative consent for sexual acts to be lawful, rather than relying on the absence of a verbal 'no'. Sarah Timmann of the SPD, part of the red-green Hamburg Senate, argued that current law has decisive gaps.
In 40 to 70 percent of rapes, the victim falls into a so-called freeze response. Whoever freezes during or after an assault is not asked: why didn't you defend yourself, why didn't you shout 'No' louder?
Federal Justice Minister Stefanie Hubig (SPD) had previously announced at the recent conference of state justice ministers in Hamburg that she would continue to push for the 'Only Yes means Yes' rule. Gallina confirmed that the principle will definitely apply to youth cases.
Opposition concerns
The CDU's Richard Seelmaecker warned that proving consent could be difficult and could undermine the presumption of innocence.
There is no notary standing by to certify something - it is an intimate situation.
The AfD described the proposal as theoretical, while the Left party demanded additional women's shelter places and counselling centres.
Gallina's response
Gallina defended her initiative by emphasizing that the proposal does not require formal contracts. The legal debate, she said, focuses on an implied 'yes' that can be unambiguously derived from the context.
Nobody has to sign a contract. Because the expert debate has always revolved around implied consent.
She stressed that the concept functions without problems in 15 other EU member states.
What happens next
The red-green Senate intends to push the proposal via the Bundesrat, Germany's upper house of parliament, where states coordinate legislative initiatives. However, a lack of consensus among the federal states means the path to national legislation remains uncertain.
