The debate over sexual consent and whether Germany’s rape laws are fit for purpose has been reignited after actress and presenter Collien Fernandes accused her ex-husband, actor Christian Ulmen, of distributing hundreds of AI-generated pornographic images of her and running social media accounts impersonating her. Fernandes told Der Spiegel she felt she had been “virtually raped.” Ulmen denies the allegations. Fernandes said she filed her complaint in Spain because she believed women’s rights are better protected there; the alleged perpetrator’s primary residence is in Spain.
Thousands protested sexualized violence at Berlin’s Brandenburg Gate on March 22, with organizers citing about 13,000 attendees and police saying 6,700.
Under the German Criminal Code (StGB), rape and sexual assault require direct physical contact. Current law does criminalize image-based violations — including secretly taken recordings (§184k) and violations of the most personal sphere through image-based recordings (§201a) — but legal experts debate whether those provisions cover AI-generated images or deepfakes. A cross-sector group this week published a 10-point plan urging criminalization of the creation and distribution of pornographic deepfakes and a ban on AI “nudify” apps that produce fake nude images. The plan also calls for online platforms to be required to remove pornographic deepfakes quickly and for victims to have clear legal rights to deletion, information and identification of perpetrators.
Green Party legal policy spokesperson Lena Gumnoir told DW that Germany’s current rules do not adequately protect sexual self-determination and leave “glaring gaps in criminal liability when it comes to deepfake pornography.” She argued Fernandes being advised to file in Spain highlights the need for change.
The question of whether AI-generated imagery falls under the “image-based recordings” clauses has not been definitively settled by Germany’s highest court. Private individuals do have a “right to one’s own image” under the Kunsturhebergesetz (KUG), similar to publicity rights elsewhere, allowing people to control commercial uses of their image and to oppose unauthorized photos. But KUG remedies are civil, carry lighter penalties than criminal law, are complex to enforce, and are not tailored to address sexualized humiliation.
A study published by the Ministries for Education and the Interior and the Criminal Police Office in February 2026 found very low reporting rates for digital violence and harassment: just 2.4% of incidents are reported by women and 0.9% by men.
Germany’s government has agreed in its 2025 coalition pact to reform cybercrime law to close loopholes relating to image-based sexualized violence and deepfakes. Justice Minister Stefanie Hubig (SPD) told the Bundestag that “the technology is new but the motive age-old” and announced a finalized draft bill to criminalize the production and distribution of AI-generated pornographic deepfakes. The draft covers secretly taken photos or footage — for example in saunas or changing rooms — and includes civil measures to make it easier for victims to act against platforms, such as a right to obtain information about perpetrators and to enforce account suspensions. Hubig said the draft would go to cabinet review and is expected to pass “very soon.”
The debate over legal standards for consent continues. In 2016 Germany broadened its rape definition by adopting a “no means no” standard that criminalizes sexual activity that goes against a victim’s discernible will. Germany is now promoting an EU-wide directive to protect children and young people by adopting an “only yes means yes” principle for minors: young people aged 14 to 18 would be required to obtain or give active consent — verbal or non-verbal — so defendants would need to demonstrate a “yes” rather than having to disprove a “no.” CSU lawmaker Susanne Hierl, chair of the Bundestag Committee on Legal Affairs, warned that even with “yes means yes” the burden of proof in sexual offense cases will remain a core challenge.
Other European countries have moved further. Fifteen EU member states have adopted “only yes means yes,” including Sweden, Spain and France. France’s October 2025 reform redefined rape to cover any sexual act without consent and specified that consent must be “freely given, informed, specific, prior and revocable,” and cannot be inferred from silence. Spain introduced its Organic Law of Comprehensive Guarantee of Sexual Freedom in 2022 after the “La Manada” gang rape case; Spanish advocates say the law recognizes psychological coercion, fear and power imbalances and has helped victims feel more secure in the justice system.
Beatriz Chaves of the Spanish advocacy group Mujeres Supervivientes de Violencias de Genero told DW that the Spanish law recognizes sexual violence as a manifestation of structural gender inequality and encouraged a more open culture of consent.
The topic was debated in a Bundestag plenary session where Justice Minister Hubig outlined the government’s draft law. Earlier the same day Chancellor Friedrich Merz (CDU) provoked outrage from the Left Party when, asked about combating rising sexualized violence including online abuse, he singled out immigrant groups as a significant source of this violence. His remarks drew sharp criticism across the chamber.
The draft criminalization of pornographic deepfakes and related measures aim to close existing legal gaps, ease civil remedies against platforms, and give victims clearer rights to have content removed and to learn who is responsible. The Fernandezes case and the public debate have focused attention on how criminal law, civil remedies and platform responsibility must adapt to AI-driven forms of sexualized abuse.
Edited by: Rina Goldenberg
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