German Penal Code, 1871
‘An unnatural sex act committed between persons of male sex or by humans with animals is punishable by imprisonment; the loss of civil rights may also be imposed.’
Shortly after the Nazis became the only legal party in the Third Reich, homosexual men and women became the target of police raids and interrogation. Under a section of the existing 1871 German Penal code, known as Paragraph 175 (§ 175), homosexual men could be arrested and tried. Paragraph 175 made sexual acts between men a punishable act.
Although the code was operational prior to 1933 it was largely ignored throughout Germany. The ‘unnatural’ sexual act of sodomy itself was difficult to prove unless actually caught while still in progress, making criminal charges cumbersome in many cases.
Before Hitler became Chancellor, the act was almost repealed in parliament as a result of the pioneering campaigning by sexologist Dr. Magnus Hirschfeld*.
Two years after the Nazi party came to power § 175 was adjusted to include a wider definition enabling further persecution. The code became the main instrument to arrest both known homosexuals and later, men simply suspected of homosexual activity. By 1944 a suggestion of homosexuality, even by gossip, was all that was required for an arrest.
Two years after the Nazi party came to power § 175 was adjusted to include a wider definition enabling further persecution. The code became the main instrument to arrest both known homosexuals and later, men simply suspected of homosexual activity. By 1944 a suggestion of homosexuality, even by gossip, was all that was required for an arrest.
By June 28th 1935, and in effect from September 1st 1935, the new § 175 had been revised to include indecency and two further additions: 175a and 175b. Large-scale arrests were ordered and homosexuals were rounded up, charged and put into ‘protective custody’. The updated § 175 read :
175. A male who commits lewd and lascivious acts with another male or permits himself to be so abused for lewd and lascivious acts, shall be punished by imprisonment. In a case of a participant under 21 years of age at the time of the commission of the act, the court may, in especially slight cases, refrain from punishment.
175a. Confinement in a penitentiary not to exceed ten years and, under extenuating circumstances, imprisonment for not less than three months shall be imposed:
1. Upon a male who, with force or with threat of imminent danger to life and limb, compels another male to commit lewd and lascivious acts with him or compels the other party to submit to abuse for lewd and lascivious acts;
2. Upon a male who, by abuse of a relationship of dependence upon him, in consequence of service, employment, or subordination, induces another male to commit lewd and lascivious acts with him or to submit to being abused for such, acts;
3. Upon a male who being Over 21 years of age induces another male under 21 years of age to commit lewd and lascivious acts with him or to submit to being abused for such acts;
4. Upon a male who professionally engages in lewd and lascivious acts with other men, or submits to such abuse by other men, or offers himself for lewd and lascivious acts with other men.
175b. Lewd and lascivious acts contrary to nature between human beings and animals shall be punished by imprisonment; loss of civil rights may also be imposed.