Gabriele Berg-Ritter, specialist lawyer for criminal law, looks after the victims of crime in front of and outside the courtroom. What she has experienced in 25 years is sometimes hair-raising and shows that there is still a lot of catching up to do.
Hanau – She gets scared when a customer enters the sales room. Déjà-vu. Although the man who just filled up is friendly and accommodating. Her boss is also considerate of her when it comes to the roster. Day shift only. But at some point the young woman can no longer, she has to give up her job and can no longer work in the gas station in Maintal.
The scene where she was twice the victim of an armed robbery within a few months. “Many cannot imagine the impact of crimes like this and the consequences for the people involved. There is hardly anyone who comes to me who is not traumatized,” says Gabriele Berg-Ritter, a specialist in criminal law. She specializes in helping victims.
In this case, the native of Hanau, who received her license in 1989 from the then district court president Otto Kästner, represented the young gas station employees before the Great Criminal Court.
“Many people do not know that they have the right to a so-called accessory prosecution in the case of serious crimes – and that they can very often be represented by a lawyer. The state usually bears the costs for this.”
As a representative of the private prosecutor, she has the same procedural rights as the public prosecutor’s office and the defense, can question witnesses, file applications and, at the end of the closing speech, also demand penalties. It is well known in court that Berg-Ritter is often better at arguing than prosecuting or defending. Berg-Ritter first came into contact with the legal special field of victim protection a quarter of a century ago through an acquaintance. “In one case, I accompanied her when she went to the police station and was shocked to see how victims were treated there.” Since then, she has been vehemently committed to helping people who suffer or are injured by perpetrators.
Victim advocate: police work in the district “exemplary”
After 25 years, she sees the police work in the Main-Kinzig district in particular as “exemplary”. “A lot has changed, the police are now well trained.” Above all, all those affected receive a detailed leaflet that informs them about the rights of injured or damaged persons. Everything is noted on it, from the right to legal assistance and legal aid to claims for compensation and points of contact.
“We have a good network in Hanau,” says Berg-Ritter, referring to the Hanauer Hilfe, which supports victims and witnesses, as well as the Lawine, the specialist advice center for victims of sexual violence, and the White Ring.
“My job is primarily to give legal advice. But there is also a lot of social work involved. Psychological support or even therapies are often required. It is therefore good that there is a wide range of professional help available in the district court. Many victims must not be left alone.” That is why the lawyer is also involved in the working group on sexual violence, in which the authorities, youth welfare office, child protection and several support organizations sit around one table.
Most of the time, Berg-Ritter is a lone fighter and, in addition to her “home district” – the district courts in Hanau and Gelnhausen and the district court in Hanau – she is also active in Gießen, Amberg, Cologne, Würzburg and even before the Hamburg district court. Then it’s mostly about people from the Main-Kinzig district who have been victims in another city. Or relatives. Like the father whose daughter was brutally murdered on the Elbe. “In a case like this, I have to be very careful. Because the police had only communicated the news of the death. The fact that there are further questions is completely understandable from a human point of view and the terrible details are part of the truth. The most important thing for him was that his daughter didn’t have to suffer for long.”
Most victims just want the court to believe that their suffering is acknowledged.”
As a victim advocate, she does not look at the clock. “Of course I need a professional distance and try to keep the cases in the office or in the courtroom as much as possible. Otherwise I would only have sleepless nights.” But over the years she has observed that the vast majority of victims are not out for revenge. “Most victims just want the court to believe that their suffering will be recognized.” Victim-offender mediation or a fair verdict often help people to process what happened or even end it.
However, she also fights against common misconceptions. “Of course, I always try to ensure that the victim is awarded damages immediately if they are convicted. This saves another civil lawsuit. But we’re not in the US, and there aren’t huge sums here.”
One of the “most beautiful moments” she experienced in court was a young woman who spent an hour and a half reading the riot act to her tormentor. The judge let the abuse victim go without interrupting. “That was good for the woman, because she was finally able to express her sorrow, which was helpful in dealing with the trauma.” Or there are – albeit very rarely – the forgiving gestures after the verdict. “In one case, the victim went to the dock, forgave the perpetrator and closed the matter.”
Victim lawyer from Hanau demands more sensitivity from judges
Hanau is well positioned to protect victims. But there is still a lot to do, because state aid is often overburdened with bureaucracy. “Oh yes, that’s where there is a very great need for improvement,” says Berg-Ritter with a view to the Victim Compensation Act. The applications from the pension offices are far too complicated and the requirements too high. In addition, there would be social justice. “A judge literally said to my client, who was pulled off her bike and raped – and who was entitled to a payment – ‘What do you want? You can ride a bike again and have your high school diploma.” She then had to take the crying woman out of the hall of the state social court.
And it is precisely such experiences that enrage the lawyer: “Our criminal law is far too focused on the perpetrator. He is the focus of the main hearing.” But it is difficult for the victims to understand when the court keeps asking the dock whether everything is okay or whether a break is necessary. “The co-plaintiff I represented just looked at me in disbelief and complained that no one was asking her at all.” The judges had to find the truth and make a fair judgment. “This also means that the victims are questioned as witnesses. But sometimes there is still a lack of sensitivity.”
Lawyer from Hanau: “I have to pick up a thriller in the evening”
Berg-Ritter is still in contact with the young employee from the Maintal gas station and supports her. “Luckily she found a new job.” In addition to her work as a victims’ lawyer, she also “changes sides” and is active in the dock, mostly as a public defender. “I need that as a criminal lawyer,” she says. And then the lawyer reveals with a smile that she still devotes herself to the subject of crime in her free time. However, in literary form. “It’s a fascinating subject. That’s why I have to turn to mysteries in the evenings, regardless of whether they’re exciting or funny. But it has to be, otherwise I cannot sleep.” (von Thorsten Becker)
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