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A 29-year-old man had to stand trial because he admitted raping a woman in her sleep at a party.
© Arne Dedert/dpa/Symbolbild
A man (29) raped a sleeping woman at a party in Freising.
The hostess caught him doing it.
The perpetrator confessed in court.
Freising
- He wanted to put it this way, said defense attorney Markus Ott on Monday in front of the Landshut district court: "My client was no longer in optimal condition." He was at a party, added the 29-year-old.
The hostess estimated that he had consumed around 16 pints of beer.
And, the 31-year-old from Freising added: “It was funny.”
Less funny was the accusation for which the craftsman now had to answer before the jury, around nine months after the party.
The public prosecutor accused him of raping a sleeping person - which generally carries a prison sentence of at least two years.
According to the prosecution represented by public prosecutor Barbara Streicher, the rape occurred on May 17 between 1 a.m. and 2:30 a.m. in the party organizer's Freising apartment.
The defendant lay down with a visitor to the party and raped her.
The woman had also looked deep into the glass throughout the evening and slept soundly - she didn't notice anything about the rape.
According to the public prosecutor's office, the defendant took advantage of the fact that the injured party was subject to sexual acts without will due to her situation.
After communication, the defendant admits the crime
Based on this situation, the evidence could have been extensive.
However, the 29-year-old was cooperative.
After a mutual agreement between those involved in the proceedings, in which he was given the prospect of a suspended sentence of between one year, nine months and two years, assuming limited culpability due to alcoholism, he let Ott explain the facts of the case “both objectively and subjectively “in full”.
His client very much regrets the incident: “It won’t happen again.”
Streicher applied for a suspended sentence of two years, Ott unsurprisingly requested the lower limit of the agreed upon with one year and nine months of probation.
Based on a less serious case, the jury ultimately considered a suspended sentence of one year and eleven months to be appropriate for the offense and guilt.
The hostess caught the 29-year-old in the act
As judge Christian Lederhofer said in the reasons for the verdict, the defendant was given credit for sparing the injured party from having to testify in court - "even if she would have known nothing more."
According to the hostess, the woman was still sleeping when she kicked the 29-year-old out of her apartment.
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The 31-year-old had retreated to her bedroom with her ex-husband after the party.
However, she left the doors to the hallway and living room open “for safety”.
Some time later she noticed that both doors were closed.
That seemed strange to her and she got up to check that everything was going well.
When she entered the living room, the defendant “started up” on the sofa.
Both his pants and those of the acquaintances lying beneath him were pulled down.
Perpetrator leaves court a free man
According to the investigating detective, the hostess's suspicions were confirmed by the physical examination of the victim the following day and the examination of her underwear.
The traces of sperm seized could be clearly assigned to the defendant.
You can find even more current news from the Freising district at Merkur.de/Freising.
Visibly relieved, the 29-year-old left the meeting room as a free man.
The excess of partying meant that the already hard-drinking craftsman had been in custody since August.
As Lederhofer said, according to the files, an “alcohol-related injury” had been found even there, even though the incident had already occurred three months ago.
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You can find even more current news from the Freising district at Merkur.de/Freising.