As of: March 2, 2024, 6:00 p.m
By: Andreas Müller
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The trial ended with an acquittal.
© dpa
A 28-year-old from Tölzer was in court on charges of rape.
Now the man has been acquitted.
Bad Tölz/Munich – As a rule, defendants charged with rape are led into the courtroom in handcuffs.
Not the case with the 28-year-old from Tölz, who was accused of raping a 21-year-old from Weilheim: He had not been in custody for a long time when his trial at the regional court began at the beginning of February (we reported).
There may have already been indications that he would be acquitted.
The defendant had vehemently denied the accusation from the start
On August 13, 2023, he met the young woman in his room in his mother's apartment in Tölz, the defendant reported in the trial.
Contrary to what is stated in the indictment, he did not prevent the then 20-year-old from leaving the apartment late in the evening.
Rather, she stayed there voluntarily and comforted him when he thought of his late father and began to cry.
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The defendant admitted that he then had “hard sex” with the young woman, whom he had met three months earlier via social networks, but asserted: The sex was no harder than the last time – in a meadow on the Isar reservoir.
Back then, too, she “moaned a little” and then complained that the sex was “too soft.”
The defendant vehemently denied that the woman said stop 16 times in the apartment.
He only apologized for the bruises on her breasts: he must have “squeezed a little too hard”.
Tölzer will be compensated for his pre-trial detention from the state treasury
Contrary to what is usual in cases of this type, the alleged victim was not questioned on the first day of the trial.
The reasons for the acquittal on the second day of the trial are unclear.
Neither the 28-year-old's defense attorney nor the court commented on this upon request.
It is conceivable that the criminal chamber did not believe the woman from Weilheim.
However, it is also possible that her statements did not show that she expressed a conflicting intention sufficiently clearly.
“Dirty texts” in chat messages, which the defendant referred to several times during the trial, could also have played a role.
In addition to the acquittal, one thing is clear: the 28-year-old will receive compensation from the state treasury for the almost two months in custody.