This essay protests in the course of the discussions about 174c StGB that i
n the meantime came to effect, against a general penalization of sexual con
tacts in the context of psychotherapy. On the basis of the "chronique scand
aleuse" of Krutzenbichler and Essers it is showed, that since the beginning
s of psychoanalysis up till today there occurred repeatedly such "incidents
in analysis". A case study helps to show, that the harm of intimate contac
ts has to be considered with great differentiation. The article's conclusio
n is a "psychoanalysis of the analytical situation": instead of calling for
the legislative psychoanalysts should recognize and analyse the problem as
an inherent one rooted in the construction of the psychoanalytic situation
itself.