He raped women in their sleep: the court passed judgment on Freisinger (31)

Created: 12/10/2022, 10:00 am

The Landshut District Court has made its decision.

© Hendrik Schmidt/dpa-Zentralbild/dpa/Symbolbild

He attacked two women while they were sleeping.

The Landshut district court has now passed a judgment on the man (31) from the Freising district.

Freising/Landshut

– “That was intentional groping.

No wrongdoing of the subconscious.” This was the result of the first criminal division of the district court after two days of hearings in the trial against a 31-year-old from the east of the Freising district.

The defendant had not denied raping two women in early 2022.

Nevertheless, he had caused a shake of the head with some statements - such as the assessment that he had been drunk and drowsy, probably unconsciously tempted to violate the sleeping women.

A full confession looks different, said presiding judge Ralph Reiter in the verdict on Thursday.

Despite the salami tactics, the chamber had shown itself merciful and imposed a moderate prison sentence of three and a half years.

According to Reiter, an even more favorable sentence would only have been possible if the accused had "cleaned the slate completely" and had not served the court with "nonsense" at times.

The woman woke up as he fondled her

As reported, the first rape occurred on February 5 during a skiing weekend in Austria.

The taking of evidence showed that alcohol had been extensively spoken of in a convivial atmosphere in the evening.

At around 12:30 a.m., the accused was the first to lie down on a mattress bed for four people.

A little later, his work colleague, a good friend of many years and a former affair, and two other people joined him.

About two to three hours later, the 23-year-old woke up slowly because the defendant fondled her and finally put two fingers in her vagina.

The woman confronted him, whereupon the 31-year-old reacted extremely emotionally.

As a result, the relationship cooled noticeably.

The defendant even filmed the second crime

As the 23-year-old said in court, she did not file a complaint for this reason alone: ​​"I thought he was punished enough by the end of our friendship." However, the incident and its consequences did not stop the 31-year-old from looking after himself after a night of partying in Freising's night café on the morning of March 19, in a similar way to a sleeping acquaintance.

The chamber assessed this act as even more massive, since the accused had unprotected sexual intercourse with the drunk 24-year-old and also filmed the whole thing.

In both cases, the accused had claimed memory gaps.

He practically didn't know anything anymore, he said;

and then again, regarding the incident in his acquaintance's apartment: "It was a joint mistake by two drunk people." That should be rephrased as "one drunk person made a mistake twice on their own," said public prosecutor Alexander Kosak, still visibly outraged in his plea.

The accused had "clearly seized the opportunity and deliberately exploited the women's sleep".

Both had previously made it clear to him that they did not want any intimacy.

Second victim refuses compensation

Kosak had applied for a prison sentence of four and a half years.

Defense attorney Alexander Eckstein said he was opposed to the fact that his client was a "notorious rapist", although he essentially had to agree with the prosecutor's statements.

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Public prosecutor Kosak saw no reason for a reduction in sentence – in contrast to the chamber: This had held the defendant in favor of the fact that at least the Freisinger acquaintance accepted compensation for pain and suffering of 2,500 euros and a perpetrator-victim settlement came about.

The former best friend of the 31-year-old had refused compensation for pain and suffering in court.

It would seem to her, said the 23-year-old, as if she were being bought later.