§ 228 StGB
§ 228 StGB reads (highlighting in the legal text by IntactiWiki):
Criminal Code (StGB)
§ 228 Consent
Anyone who carries out bodily harm with the consent of the injured person only acts illegally if the act offends against common decency despite the consent.
This paragraph raises the question of whether HGM "is against morality". "Good morals is the positive moral value of the custom. The term includes the sense of justice and decency of all morally and just thinkers (adults) in society and consequently corresponds to the prevailing legal and social morality."
Non-binding comment from IntactiWiki:
- "Good morals" are not to be confused with "tradition", "custom" or "common law". In the sense of justice and decency of all morally and just-thinking adults in society, the view that FGM offends against morality has solidified. In the case of MGM, society largely takes the same point of view. A representative survey in Germany at the end of December 2012 showed that over 70% of the population are against the German Circumcision Act.