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precedent mandates a fresh trial for the contested sexual assault allegation

A individuals receives a multi-year jail term from the Erfurt Regional Court, allegedly for issuing threats and committing rape against a woman in a forest. Beyond this, Karlsruhe perceives this incident as an instance of captivity.

Following the ruling by the Federal Court of Justice, the local court in Erfurt is obligated to...
Following the ruling by the Federal Court of Justice, the local court in Erfurt is obligated to re-examine a case involving kidnapping and sexual assault.

- precedent mandates a fresh trial for the contested sexual assault allegation

The Local Court of Erfurt needs to re-examine a sexual assault case. The Higher Regional Court in Karlsruhe commanded this re-examination. Initially, the prosecution and the co-complainant submitted an appeal against the Local Court's verdict.

The court in Erfurt initially convicted the defendant to eight years in prison for aggravated sexual assault in March 2023. The Higher Regional Court took issue with various aspects of the verdict, including the fact that the offense of taking a hostage was not taken into account.

The man is alleged to have surprised the woman during a woodland walk in August 2021, pepper sprayed her, and threatened her with a knife, among other things, with death. The man is said to have sexually assaulted the woman in the woods. The woman is the co-complainant. She was previously in a relationship with the defendant. Following the end of this relationship, the woman obtained a restraining order against the man, who had become physically abusive towards her.

The Higher Regional Court in Karlsruhe believed that the Local Court of Erfurt overlooked the offense of taking a hostage during the re-examination commanded by them, as related to the sexual assault case. Subsequently, the case will be heard at The Court of Justice to ensure a just verdict.

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