In November 2022, a sexual assault is said to have occurred in a Schongau strip club. Both parties described the incident completely differently. In the end, the judge had to postpone the verdict.
Schongau – Anyone who wants to spend an “unforgettable night” with their friends usually hopes for hours full of positive experiences and exuberant partying. This is probably how a 19-year-old student from Stuttgart would like to remember the night of November 10th and 11th, 2022. A night in which she is said to have been the victim of a sexual assault.
That evening she went through Schongau's nightlife with several friends and didn't end up in the club in question until around midnight. She soon met the 29-year-old from Bad Bayersoi there, and after a short time they exchanged affection. “The kisses were consensual,” she explained.
The accused then tried to get her to follow him outside. After initial hesitation, she agreed and ended up in front of the entrance with the 29-year-old. “I communicated my boundaries clearly,” she emphasized in court.
However, she could no longer remember all the details of the following situation and made it clear that she had “drank a bit much”. As she stated, consensual kissing had taken place again. Meanwhile, the defendant went one step further, touched her on the breast and initially tried unsuccessfully to open her pants. As an alternative, he finally switched to his own jeans. As the injured party remembers, he then guided her hand to his penis.
By pulling her away, however, she claims to have repeatedly and unmistakably made her dislike clear to him. Nevertheless, she was forced to touch his genitals. Only after a few more sexually motivated advance attempts did the man finally stop his actions and retreat back to the club, where he said he had helped the owner as a bouncer and security guard. Before that, however, he is said to have left his number on the young woman's cell phone.
Defendant turns the tables
The 19-year-old then returned to her group and promptly confided in one of her friends. As he reported, they finally made their way home as a couple. The other witnesses contradicted each other on some points, did not agree on the injured party's route home or said that the 19-year-old had only told them about "grabs on the bottom". There was also some uncertainty regarding the alcohol level of the injured parties.
The defendant himself had already turned the tables at the beginning of the trial and in turn denounced the 19-year-old. The young woman actually wanted to get into his clothes, he claimed.
“Why should she take all this on herself?” the prosecutor asked about the possibility that the young woman could have made up the story. She shows just as little enthusiasm as the other witnesses. Since none of them have any relationship with the defendant, baseless suspicion would, in their view, be extremely unusual. She demanded a ten-month suspended sentence and a fine of 10,000 euros.
As expected, the defender countered. The young woman may have misunderstood what she wanted and what went too far for her. Kissing was still okay and she followed his client outside. It was simply difficult for the 29-year-old to interpret which rejection the injured party ultimately meant seriously. No doesn't always mean no, said the defense attorney. “Many people see it as a game,” he said, interpreting the interpersonal behavior of some people.
With regard to the drunkenness of the 19-year-old, one only relies on inferences. The defense attorney demanded that an expert decide on her condition at the time. With regard to the evidence taken so far, “there is only one legal consequence – acquittal,” he made it clear.
Judge Isabelle von Heydebrand didn't go quite that far. Nevertheless, she still had too many remaining doubts for her to be able to pass judgment with a clear conscience. An expert should now be called in for a follow-up appointment.
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