A 69-year-old pensioner stood before the Wolfratshausen district court for sexual assault: he was accused of groping his niece.
The young woman is still suffering psychologically from the attack.
Bad Tölz-Wolfratshausen
- she affectionately called him "Little Uncle".
She liked being with him.
The prospective IT specialist helped the retired person when he was overwhelmed with setting his cell phone.
He reciprocated by creating pictures and reliefs with his niece.
But on June 5 last year, the uncle destroyed the familiar relationship with the then 17-year-old: The 69-year-old is supposed to pull the teenage girl who is standing with his back to him on a workbench, hug her with his knees and with both hands have reached over the T-shirt to the chest.
The Wolfratshausen District Court sentenced the man from a community in the northern district to one year in prison for sexual assault.
The sentence has been suspended.
Defendant feels innocent
The defendant feels innocent.
As a result, he upheld an appeal against a penalty warrant (with a suspended sentence of nine months), despite the judge's suggestion that the sentence could be higher after the trial.
From the former official's point of view, the incident had happened completely differently.
There was only agreement on the occasion of the meeting.
He wanted to surprise his niece with a new relief.
He had prepared various parts such as a portrait of Beethoven and a clef; the 17-year-old was supposed to compose the picture herself. Because she had not made any progress with it, he grabbed her arm and wanted to pull her aside.
At that moment she turned to him.
He may have accidentally touched her chest.
Victims reported: The defendant reacted with incomprehension after the incident
"That could be, I'm considering it." Afterwards, his niece ran out of the workshop and was soon driven home by his wife.
He found “no plausible explanation” for their behavior, according to the defendant, who had admitted to having drunk a little alcohol “in order to achieve a certain expansion of awareness for creativity”.
At that time in the workshop, too, the uncle reacted with incomprehension, reported the injured party.
While she was giving evidence, the defendant was forced to leave the screening room.
"I'm not going to eat you," the uncle replied when she wanted to know what "surprise" he had for her.
She didn't think anything.
"He joked like that." When he grabbed her at the workbench, he said: "I've always wanted to do that."
She was perplexed and shocked, had to tell him several times that she did not want that before the 69-year-old loosened his grip.
The uncle replied: "You women want it to be touched and your body to be appreciated." The witness paused several times during her testimony and fought back tears.
Young women suffer psychologically from the assault to this day
The court judged that the young woman is still suffering psychologically from the attack.
The public prosecutor and the accessory prosecutor applied for a prison sentence of 18 months and compensation for pain and suffering in the amount of 8,000 euros.
Defense attorney Holger Hesterberg demanded an acquittal "in case of doubt for the accused".
His client followed suit.
The only thing he was unhappy with was the amount of money he had to pay.
"I'd rather donate the fine to a charitable organization because I'm unwilling to fund other people's driving licenses," said the man in the dock.
Verdict: One year suspended prison sentence
Judge Helmut Berger commented on statements like these with the confession: "Even an experienced judge is sometimes speechless." He sentenced the accused to one year in prison and suspended her for three years.
The man has to pay 3,500 euros each to the association “Women Help Women” and his niece.
The Wolfratshausen District Court could not clarify what happened on Egerlandstrasse in the summer of 2017. The result: an acquittal.
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