Dhe Lübeck regional court has sentenced an ex-public prosecutor to a suspended sentence of one year and six months for rape in conjunction with serious sexual abuse of his son. Four months are already considered to have been served, as the presiding judge said when giving reasons for the verdict on Wednesday.
During the last few days of the hearing in room 163 of the regional court, the lawyer did not want to comment on the allegations – unlike during the investigation. At that time he stated that he did not remember the alleged crime at the end of March 2019. He later claimed that he had been sleepwalking that night.
The prosecutor and the defendant's defense each called for an acquittal in the case on February 8th. In its final application, the co-plaintiff pleaded for a conviction for serious sexual abuse, but without a specific sentence.
According to the indictment, the defendant, who was sleeping in a bed with his then eight-year-old son, is said to have performed sexual acts on the child at the end of March 2019. “He reached into the boy’s pajama pants, touched his genitals and also the boy’s anus,” the lawsuit said. Shortly afterwards the father is said to have left the bedroom. When his wife confronted him with the allegations the next morning, the defendant had no memory of the incident. He later turned himself in. His wife filed for divorce.
The fact that the regional court dealt with the case at all is due to the co-plaintiff. According to earlier information from the Kiel public prosecutor's office, both they and the Schleswig-Holstein public prosecutor's office did not consider a conviction to be likely. According to the authorities, it was undisputed that an act had taken place. Only after successful so-called enforcement proceedings before the Higher Regional Court did the public prosecutor's office have to file charges. The child's mother had it checked whether the discontinuation of the proceedings was correct.
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