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Man allegedly raped his wife - court acquitted him

2021-04-12T04:41:03.713Z


Because of the accusation of rape his wife in what was then the common house in Hausham, a 43-year-old now had to answer before the lay judge's court in Miesbach. But the court did not have enough to actually send him behind bars.


Because of the accusation of rape his wife in what was then the common house in Hausham, a 43-year-old now had to answer before the lay judge's court in Miesbach.

But the court did not have enough to actually send him behind bars.

Hausham

- The couple, who are now divorced, shared a house in Hausham in December 2019.

The 43-year-old, who now lives on Lake Tegernsee, is said to have raped his 34-year-old wife there.

According to the indictment, he had touched the breast and legs of the woman in the marriage bed.

You pushed him away.

He then used force to hold her hands together behind her head.

Although his wife managed to free herself with one hand, the 43-year-old could not be dissuaded.

The 43-year-old did not deny in court that there was unprotected intercourse between him and his wife that day.

But it was amicable.

"If she had taken an act of defense or had said that she did not want it, then I would have stopped immediately," said the defendant.

“I would never do anything to her.” The fact that his wife, as stated in the indictment, freed herself with one hand and tried to push him away, he said: “She didn't push me away - we just like each other during sex held by the hands. “The Schäferstündchen were always sensual - only in the time before the incident no longer regular.

The marriage had apparently been in crisis for a long time.

There was also an argument on that day because of allegedly suggestive pictures "of her and another man that I found on her cell phone," said the 43-year-old.

"Nevertheless, I somehow wanted to save the relationship."

What happened in the early morning hours of that day at the end of December after his wife had come home late from an acquaintance, the defendant described as a reconciliation.

She first slept on the couch, but then we went to bed together.

"She even sat on top of me - that's not rape."

The 34-year-old couldn't remember this episode, but all the more precisely because there was no agreement.

“I didn't mean that,” said the housekeeper in court.

She described the incident as listed in the indictment.

"He somehow managed to get inside me and I let it go." Without a word.

She did not say a “stop” or “let me sleep”.

The situation was "a real shock, a real humiliation" for them.

Especially because of the two children they shared, she still wanted to play the strong wife and mother and didn't let it show.

When she approached her husband on the same day about the rape, he literally said to her: "I can't get to you any other way."

For public prosecutor Jungwirth it was obvious that it was a rape.

"What you have told us here was hopelessly contradicting itself," he said to the defendant.

The public prosecutor stated that the woman was supposed to have been sitting upstairs. "You tell us that after an hour and a half of questioning."

“I can only explain this to myself: It is not the truth.

I say something like that in my defense at the very beginning. ”He wanted to send the 43-year-old to prison for three years and eight months.

His lawyer Birgit Schwerdt, however, demanded acquittal.

The ex-householder could not have known "that his wife did not want to have sex with him that day - also because she said nothing."

Judge Walter Leitner was also too little for a conviction after five hours of taking evidence.

The “cardinal question” is: “Has he recognized that she does not want it?” The victim must “clearly express the reluctance”.

This is not clearly recognizable, "because you did not say a word until the end," said Leitner to the defendant's wife.

“If holding hands is the only thing that remains at the end, then the court cannot impose a prison sentence for it.” The court acquitted the 43-year-old.

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Source: merkur

All news articles on 2021-04-12

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