Hamburg, MV Launch Initiative for 'Only Yes Means Yes' Sexual Consent Law

Hamburg and Mecklenburg-Vorpommern are spearheading a federal initiative to adopt a "Only Yes Means Yes" model within Germany's sexual criminal law. This proposed legal framework would define sexual offenses by the lack of voluntary and explicit consent, shifting the focus from resistance to affirmative agreement. The two northern German states intend to use a resolution in the Bundesrat to urge the federal government to promptly introduce legislation establishing this consent-based sexual criminal law.

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the "No Means No" model was a really big step forward. However, we only effectively and realistically strengthen sexual self-determination with the "Only Yes Means Yes" regulation.

The initiative is scheduled for discussion in the Bundesrat on July 10, 2026. Germany has operated under the "No Means No" model since 2016, which generally allows for the prosecution of sexual acts committed against a person's recognizable will. However, Hamburg's Justice Senator Anna Gallina stated that while "No Means No" was a significant step, strengthening sexual self-determination effectively and realistically requires the "Only Yes Means Yes" regulation.

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Silence is not Yes. Freezing is not Yes. Uncertainty is not Yes. There are misunderstandings that we must clearly name.

Jacqueline Bernhardt, her counterpart from Mecklenburg-Vorpommern, underscored the need for clarity, stating, "Silence is not yes. Freezing is not yes. Uncertainty is not yes. There are misunderstandings that we must clearly name." Despite a previous proposal from Hamburg and North Rhine-Westphalia failing to gain a majority at the most recent Justice Ministers' Conference, Gallina noted that political momentum is building on the issue. She added that "the expectations of many people in Germany are that we move towards 'Only Yes Means Yes.'"

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The expectations of many people in Germany are that we move towards 'Only Yes Means Yes.'