The debate over whether Germany’s laws adequately protect sexual self-determination has been reignited after presenter and actress Collien Fernandes accused her ex-husband, actor Christian Ulmen, of circulating hundreds of AI-generated pornographic images of her and running fake social accounts in her name. Fernandes told Der Spiegel she felt she had been “virtually raped.” Ulmen denies the allegations. Fernandes said she filed a complaint in Spain because she believed women’s rights were better protected there; the person she accuses primarily resides in Spain.
The case helped spark public protests: organizers said about 13,000 people gathered at Berlin’s Brandenburg Gate on March 22 to protest sexualized violence, while police put the figure at 6,700.
Legal gap highlighted
Under the German Criminal Code (StGB), the offenses of rape and sexual assault currently require direct physical contact. Image-based offences are covered in other provisions — for example secretly made recordings (“§184k”) and intrusions into the most personal sphere through images (“§201a”) — but experts disagree on whether those clauses clearly cover AI-generated images or so-called deepfakes.
A cross-sector group this week published a 10-point plan calling for the creation and distribution of pornographic deepfakes to be criminalized and for bans on “nudify” apps that produce fake nude images. The plan urges platforms to remove pornographic deepfakes quickly and to grant victims clear rights to deletion, to information and to the identification of perpetrators.
Green Party legal policy spokesperson Lena Gumnoir told DW that current rules leave “glaring gaps in criminal liability when it comes to deepfake pornography” and that Fernandes being advised to file in Spain underlines the need for legal reform.
Civil remedies and limits
People in Germany do have a civil “right to one’s own image” under the Kunsturhebergesetz (KUG), which allows individuals to oppose unauthorized commercial use of their likeness. But KUG remedies are civil, carry lighter penalties than criminal law, are often complex to enforce and are not designed for cases of sexualized humiliation.
A government-funded study published in February 2026 by the education and interior ministries and the Criminal Police Office found very low reporting rates for digital violence and harassment: only 2.4% of incidents are reported by women and 0.9% by men.
Planned reforms
Germany’s 2025 coalition agreement commits to reforming cybercrime laws to close loopholes around image-based sexualized violence and deepfakes. Justice Minister Stefanie Hubig (SPD) said in the Bundestag that “the technology is new but the motive age-old” and presented a finalized draft bill to criminalize the production and distribution of pornographic AI deepfakes. The draft also addresses secretly taken photos or footage — such as in saunas or changing rooms — and includes civil measures to make it easier for victims to act against platforms, for example through rights to information about perpetrators and to enforce account suspensions. Hubig said the draft will go to cabinet review and is expected to pass soon.
Consent debate
The broader debate over consent law is ongoing. In 2016 Germany expanded its rape definition to a “no means no” standard, penalizing sexual acts that go against a victim’s discernible will. The government is now promoting an EU-wide directive to strengthen protections for minors with an “only yes means yes” principle for 14- to 18-year-olds, which would require defendants to prove active consent rather than victims having to disprove lack of consent. CSU lawmaker Susanne Hierl, chair of the Bundestag Committee on Legal Affairs, warned that even if definitions change, the burden of proof in sexual-offence trials will remain a core challenge.
Several EU countries have already gone further: 15 member states have adopted “only yes means yes” frameworks, 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’s 2022 Organic Law of Comprehensive Guarantee of Sexual Freedom, passed after the high-profile La Manada case, recognizes psychological coercion, fear and power imbalances; Spanish advocates say it has helped victims feel more secure in the justice system. Beatriz Chaves of the Spanish group Mujeres Supervivientes de Violencias de Genero told DW that Spain’s law treats sexual violence as rooted in structural gender inequality and has encouraged a more open culture of consent.
Politics and public reaction
The issue was debated in a Bundestag plenary session where Justice Minister Hubig outlined the government’s draft law. That same day Chancellor Friedrich Merz (CDU) drew sharp criticism after saying immigrant groups were a significant source of rising sexualized violence, remarks that provoked outrage from the Left Party and broad condemnation across the chamber.
What’s next
The draft criminalization of pornographic deepfakes and the planned civil measures aim to close legal gaps, simplify remedies against online platforms and give victims clearer rights to have abusive content removed and to learn who is responsible. The Fernandes 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.