As of: February 29, 2024, 7:00 p.m
By: Rudi Stallein
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The relationship between a Tölzer (21) and a 13-year-old girl has now become a case for the judiciary.
© Stefan Puchner/dpa
A man from Tölz was sentenced to prison for raping and having sex with a 13-year-old.
His defense attorney's plea infuriated the judge.
Bad Tölz/Wolfratshausen
- The judge made no secret of the impression she had of the young man in the dock during the trial.
“You are a classic sexual offender,” she accused 21-year-old Tölzer, who had just been sentenced by the youth jury at the Wolfratshausen district court to a youth prison sentence of three years and nine for sexual abuse of a child in 31 cases, including one incident of rape had been sentenced for months.
21-year-old Tölzer in court for abuse and rape
In late summer/autumn 2021, the accused had a relationship with a 13-year-old from a community in the Weilheim-Schongau district, whom he met via an online dating platform.
Although he knew the girl's age, the indictment says, the two had regular and consensual sexual intercourse in the few months they were together.
In mid or late December of the same year, the then 19-year-old is said to have forced the girl to perform oral sex on him in a supermarket parking lot.
This type of rape is “a demonstration of power that cannot be tolerated,” said the judge.
Defendant denies allegations
The defendant, who commented on the matter by having his defense attorney read out a statement that ran several pages, denied both allegations: “I didn’t know the age, and the situation at the supermarket didn’t happen like that.” The defense tried hard The credibility and trustworthiness of the girl who claimed to have informed the defendant about her real age before their first meeting was to be shaken.
Several witnesses were supposed to support doubts about the time the girl gave when she met the two.
That turned out to be a boomerang because her client didn't have the best memory in this regard and was wrong in his statement by a whole year.
The lawyer's plea makes the judge angry
The 13-year-old explained in her two-and-a-half-hour interrogation, which was shown by video during the trial, that after the rape she sat down with the defendant in the parking lot with friends in a 70-centimeter-wide passage next to the supermarket and in the next one to have had sex with him for a few days.
For lawyer Jost Hartman-Hilter, this fact “suggested that this was not violence.
I won’t do that to my tormentor.”
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The view infuriated Judge Friederike Kirschstein-Freund.
“She is 13, she is being raped by the man she loves, on whom she is massively emotionally dependent,” she turned to the lawyer.
“Nobody in this room is entitled to draw conclusions about whether the behavior is understandable.
Hearing something like that in a plea makes me angry.”
Tölzer sentenced to three years and nine months
The girl continued to have sex with the accused after the incident so as not to lose him, the judge reminded the victim of statements.
She accused the defendant of having exploited the girl's emotional dependency "to satisfy your own sexual needs, to an extent that you determined." He had shown "no empathy whatsoever" towards the 13-year-old.
When she refused to meet the defendant at the supermarket a few days after the crime "because she couldn't handle it," the judge said, the man ended the relationship.
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The girl was mentally and physically exhausted afterwards, the mother reported.
“You have humiliated a child in the worst possible way,” stated judge Friederike Kirschstein-Freund.
With the sentence of three years and nine months, the jury exceeded the request of public prosecutor Finja Schwarz, who had requested three months less.
The defense was of the opinion: “The defendant should be acquitted.” The verdict is not yet final.