The end of a year-long affair led to a criminal rape trial on Tuesday. An unemployed locksmith is said to have urged his lover to continue the liaison with intimate pictures. Then he is said to have sent the photos to the lady’s partner. On the witness stand, however, the alleged victim got entangled in contradictions.
Threat of sending intimate pictures
The defendant, who was also in a relationship, had had a relationship with the seller since 2014. “I wanted to end the affair after two years and then he blackmailed me again and again,” said the witness at the trial. The man threatened to send the pictures they showed during sex to their family and friends. She was ashamed and continued the affair under duress.
Defense attorney Eva Kuhn countered that the seller had repeatedly contacted her client on her own initiative. For example on Carnival Tuesday in 2019 when he was supposed to drive her home. On this occasion there was sex in a parking lot at the Eigelstein. That doesn’t speak for coercion, said the lawyer. “I squatted down and let him do it,” was the reaction.
Witness deviated from statements to the police
The witness repeatedly deviated from her statements to the police. She claims to have interrupted sexual acts several times and tried to escape from the defendant’s apartment. But he locked her up. This was not mentioned in previous interrogations. “He thinks I was his property, this person is just sick,” said the 44-year-old.
After the sexual relationship was finally over, the 47-year-old sent the intimate photos. “He made my life hell, my children despised me,” said the witness. The partner, with whom she had been together for 16 years, had forgiven her, however, said the witness after she briefly moved from the shared apartment.
Judge imposed a fine
Through his defense attorney, the defendant had only admitted the sending of the pictures and thus the criminal offense of “violation of the very personal sphere of life by taking pictures”. In retrospect, he felt sorry for that. Sex, on the other hand, was always consensual. The judge noted that according to the testimony, rape could not be proven.
Chief Public Prosecutor Almut Breitenbach suggested that the entire proceedings should be discontinued. Judge Bernhard Krieg did not agree to this after consulting his lay judges. “That is not appropriate,” said Krieg, who described the sending of the intimate photos as a “mess”. The verdict was 1500 euros fine (50 daily rates of 30 euros each).
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