As of: January 23, 2024, 7:09 p.m
By: Hans Moritz
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The trial was less about the punishment and more about the Dachauer's guilt.
© Oliver Berg/dpa
The Landshut regional court has ordered a 42-year-old to be admitted to a psychiatric hospital and is thus punishing the man's sexual assault in a care center in the municipality of St. Wolfgang.
If anything, it was the women's fault.
“I am a decent person,” said the 42-year-old from Dachau in front of the regional court about the accusation that he had sexually harassed nursing staff in the care center.
The public prosecutor viewed the criminal offenses of exhibitionistic acts and sexual assault as fulfilled.
In one case there was also bodily harm.
Since the 42-year-old suffers from schizophrenia, the focus before the fourth criminal chamber was less on the question of guilt than on whether it was advisable to be placed in a psychiatric facility.
The 42-year-old also made this clear at the start of the trial: “I would like the proceedings to be discontinued.” In the end, the chamber with presiding judge Michaela Wawerla ordered him to be placed in a psychiatric hospital.
The detention order was upheld.
According to the application presented by public prosecutor Barbara Streicher, the Dachau resident told a supervisor in the care center on the morning of October 21, 2021 that he had to show her something in the bathroom, whereupon she followed him.
There he exposed himself.
An incident on December 15, 2022 was also reported.
In the afternoon, the 42-year-old is said to have used his body to push a special education nurse against the door to the lounge.
He rubbed himself against the woman.
The employee braced herself against the door and was able to push the accused to the side.
Just a few days later, the nurse had to fend off the 42-year-old again.
The public prosecutor's office assumed that the 42-year-old, who is currently temporarily accommodated by order of the district court, acted in all of his crimes due to his illness "in a state that cannot be ruled out as being incapacitated, at least in a state of significantly reduced culpability."
The interrogators found the accused to be “sexually fixated”;
There is talk of “power posturing” in the files.
The 42-year-old also denied the allegations in court and tried to present himself from a reasonable side.
“She harassed me.
I just pushed her to the side with one hand on her shoulder,” he said about the incident at the door to the lounge – only to quickly add that it was all probably due to a mistake.
According to the accused, the other allegations are also based on misunderstandings.
However, the two women affected saw it differently.
Either way, the 42-year-old said: “I will never touch women again.” Now he also takes his medication reliably because he knows that his condition depends on it.
When asked by Wawerla, the Dachau resident stated that he had taken other medication during the time of the incidents - and not regularly.
Even if the medication is currently working well: the psychiatric expert Dr.
Franz Xaver Obermaier did not currently see the conditions for a suspension of the placement on probation.
There is no social reception room when a person is released.
The risk that the accused, left to his own devices, will stop taking the medication is great - and accordingly there is also the likelihood that he will commit crimes again.
nig