All depends how the law is interpreted from the quick google I did, so there's still a lot of ambiguity and it could well be decided on a case to case basis with the details and people involved....didn't ribery have some problems like this at some point?
"At age 14, a teenager may have sex with other youths under age 18. This prevents the needless criminalization of older youths who are romantically involved with younger teenagers. German legislators feel that it's ridiculous to throw a 17 year old kid into juvie for being in love with a 15-year-old, and they may or may not feel the same way about a legal adult.
This is where the legal situation gets tricky. If the above-mentioned 15-year-old's boyfriend happens to be 18, he is not automatically guilty of statutory rape, unlike in the US. German legal authorities will only step in if either the legal minor or her legal guardians file a police report against the adult.
If the parents file a report but the minor insists that the sexual relationship is/was perfectly consensual, the outcome may depend on the mental maturity of the minor as determined by a psychologist. If it turns out that the minor is mature and knowledgeable enough to give informed consent, the judge is probably inclined to agree with the minor's judgment and will simply close the case. However, a judge may decide differently if the adult partner is not 18 or 19, but instead 30 or 40. ....Johnson was 25 or so wasn't he? Don't know how that would be viewed over there
In other words, German adults are well advised to keep their hands off of teenagers under 16. And most people have the good sense to do just that, so there is no need to criminalize the occasional 18- or 19-year-old who has a relationship with a particularly mature 15-year-old whose parents don't have any objections. In other words, Germans feel that the spirit of the law is more important than the letter when it comes to matters of the heart, but this doesn't mean that kiddie chasers get a free pass."