- Appellate court reverses conviction of individual charged with sexual misconduct
The Highest German Court, located in Karlsruhe, partly reversed a judgment against a 44-year-old male convicted of severe sexual misconduct towards his daughter. The Higher Regional Court of Kiel had previously sentenced the defendant, hailing from the Segeberg district, to 3 years and 10 months in prison in early June. As per the verdict, the man had allegedly molested his daughter in various instances between 2019 and 2022, with one instance being particularly severe. Furthermore, two of the 11-year-old's friends had also fallen victim to the man's inappropriate behavior in some instances.
The Highest German Court, in response to the prosecution's appeal, acknowledged some legal pitfalls in favor of the defendant in the initial sentence. Consequently, the BGH mandated a fresh trial at the Kiel Regional Court. However, they declined the defendant's counter-appeal.
Prosecution's Demanded Sentence
In total, the juvenile chamber of the regional court validated 8 out of 22 allegations in June. They acquitted the man in 14 instances, citing insufficient evidence based on the girls' testimonies. The judge also mentioned that the daughter might have been subjected to sexual misconduct as early as 2017, when she was only 6 years old. Currently, the 11-year-old is in foster care, reportedly against her will.
The chamber's sentence fell significantly below the prosecution's desired sentence. The prosecutor had demanded 6 and a half years imprisonment, considering 12 of the 22 allegations proven. The private prosecution also sought a multi-year prison term for the defendant. According to the presiding judge, the reduced sentence was attributable to the chamber's more severe assessment of the individual penalties for each act.
The court held the girls' testimonies as credible, despite the daughter retracting her statements - reportedly due to familial pressure and her father's incarceration. The daughter disclosed the allegations only after one of the two friends of her mother informed her about the man's misconduct. The woman subsequently contacted the authorities.
The Highest German Court, recognizing the importance of justice, strongly disagreed with the lenient sentence handed out by the Kiel Regional Court. They believed that the initial sentence did not adequately reflect the severity of the crimes committed.
Despite the defendant's appeal, the court upheld the fact that the daughter and her friends had been subjected to serious forms of sexual misconduct, which warranted a more significant punishment.
