Mühlheim: Man is said to have raped ex-wife – in court he claims not to know her

The lay judge in Offenbach sentenced a 39-year-old Mühlheimer to 30 months in prison for rape of his wife at the time. The unusual: the man claims not to know his divorced wife.

Mühlheim – During the comparison of the personal details, Judge Manfred Beck asks the accused whether he is stiller (all names of the accused changed by the editorial team). Beck names the family name the man wore during his marriage. The defendant declares that prior to his current marriage he was neither married nor fathered a child, nor was he ever called Stiller. His maiden name, Sommerhuber, is again on the ID card issued in 2019.

Prosecutor Isabelle Schad accuses him of raping his then wife on June 8, 2018. He pushed her, the back of her head fell on the frame of an empty cot. He then forced sexual intercourse. The injured party suffered from bruises, as well as in an attack on July 5, during which it remained with bodily harm.

The man from Mühlheim claims that he never knew his ex-wife

Lawyer Nima Djafarian reads a letter he sent to the court in October. In it Djafarian writes that his client had credibly assured him that he was not Stiller, that he did not know the co-plaintiff, let alone that he was married to her. Alternatively, attorney Djafarian applies for a psychiatric report that could result in a possible incapacity for guilt due to a split personality disorder, “I notice divergent signatures of my client”.

Both the co-plaintiff, during whose testimony the public is excluded, and her long-term neighbor from the house identify the multiple criminal record for fraud and libel as the meanwhile remarried Andreas Stiller, who is now called Sommerhuber again. The injured party presents pictures of the wedding on which the defendant is depicted. A policewoman says she spoke to Sommerhuber’s boss at work, who also confirmed his Stiller identity.

Man from Mühlheim clearly identified by neighbors

The defendant told the police something about a brother with whom he was mistaken. A DNA report from the family court confirms beyond any doubt that the defendant is the sire of the joint plaintiff’s legitimate son. The 39-year-old countered that because of an anomaly, he was unable to have sex. He cannot prove this with expert reports.

The roommate in the Mühlheimer house explains that the injured party showed her the bruises at the time and said that her husband had declared her rape as the equivalent of the 300 euros maintenance. The defendant also beat his own child and the child from a previous relationship with the co-plaintiff more often. Since she was established as a witness, she has been threatened with murder by the defendant in a similar way to the injured party, “I don’t dare go out into the street alone”.

Mühlheim: rape as the equivalent of 300 euros maintenance

Karin Weber, the co-plaintiff’s attorney, submitted an email to her law firm in which an imaginary brother of the defendant announced the murder of the defendant in an obscene wording in the event of a trial, signed “NSU”. Judge Beck will attribute their authorship in the grounds of the judgment to the accused: “You wanted to prevent the trial.”

Public prosecutor Schad considers the injured party to be credible and, in addition to 30 months in prison, demands that the accused be imprisoned immediately because of the risk of escape. This is followed by attorney for the private prosecution, Weber, who emphasizes the terror that the defendant has shown towards his ex-wife since the complaint, “she just wants her peace”.

Public prosecutor demands 30 months imprisonment for man from Mühlheim

Defense attorney Djafarian considers the statement of the co-plaintiff as implausible, “regardless of whether my client is Stiller, which he denies”. She seemed too uninvolved for the victim of a rape, “the Federal Court of Justice demands more than just an accusation”. He requests acquittal and proposes a psychiatric assessment of the accused.

They reject Judge Beck and the lay judges, “there is nothing to indicate a mental illness”. Beck sees the denial of one’s own identity in the context of the criminal record, “they tried to get away with it”. The injured party and the roommate would not be the characters who could construct such a reproach.

In addition to 30 months in prison, the court also imposed the immediate reinstatement of the arrest warrant. (Stefan Mangold)

The lay judge’s court in Offenbach also sentenced an already imprisoned intensive offender that year.

–