Bocholt-based lawyer Tim Rathner regularly deals with the investigation of sexual crimes. © Kanzlei Fuchs & Kollegen
3 min reading time
This crime is still causing controversy in the city: At the end of August, an unknown man attempted to rape a 36-year-old woman in the south of Bocholt. He and a companion pursued the woman on their bicycles. One of the men seriously injured the woman during the attack. He broke her cheekbone. The other man watched the crime and ordered his companion to leave the woman alone.
The BBV has asked Tim Rathner, a specialist criminal lawyer from the law firm Fuchs & Kollegen in Bocholt, to explain the possible legal consequences for the perpetrators.
What punishment does the perpetrator face?
“The perpetrator could be charged with attempted rape, sexual harassment or grievous bodily harm,” says Bocholt criminal defense attorney Tim Rathner. Attempted rape can result in a prison sentence of several years. It should be noted that this is “only” attempted rape. If it remains an attempt, the sentence can be more lenient. However, the use of violence, the (insidious) attack and the significant physical injuries such as the broken cheekbone increase the severity of the crime.
What threatens the companion?
With regard to the possible sentence for the perpetrator’s companion, Tim Rathner says: “That depends very much on what happens next. It is possible that, because he asked the perpetrator to leave the woman alone, he will be seen as someone who wanted to prevent the crime. In this case, he could be spared punishment, especially if he cooperates with the investigating authorities and contributes to further clarification.” The perpetrator’s companion, who observed the crime and asked the perpetrator to leave the woman alone, could, however, be prosecuted for “failure to provide assistance.” “He could also be seen as a so-called accomplice or accessory if it can be proven that he contributed to the crime in some way and expressly approved of it,” says specialist lawyer Rathner.
How often does this happen?
Unfortunately, sexual assaults and attempted rapes occur again and again in Germany. According to the 2022 police crime statistics, around 9,982 cases of rape and sexual coercion were recorded in Germany, including attempted crimes. “There has been a slight increase in such crimes recently,” reports Tim Rathner. In Bocholt, there have been increasing incidents of sexual harassment by cyclists in recent months.
What consequences does the victim face?
“Victims of attempted rape usually suffer not only from physical but also psychological consequences, as their natural sense of security is destroyed,” explains the Bocholt lawyer. In this case, the physical injuries include a broken cheekbone and other unnamed injuries. Psychologically, victims can struggle with trauma, anxiety, sleep disorders, depression and post-traumatic stress disorder in the long term. “The social and emotional stress can also have a severe impact on the victim’s everyday life and relationships,” says Tim Rathner.
What can victims do?
“Those affected should seek help immediately, for example by calling the police or seeking safe surroundings,” advises lawyer Tim Rathner. “It is advisable not to remove any evidence (for example, not to wash clothes) and to seek medical help.” Psychological support from specialized counseling centers (for example the White Ring, women’s counseling centers or the LWL crisis intervention team) can also be very important. “Furthermore, those affected should not delay reporting the crime to the police so that investigations and evidence can be taken immediately. The time immediately after the crime is extremely important for solving the crime. A local search initiated immediately is often successful.”
