Since the Bundeswehr opened up to women, there have been occasional incidents of a sexual nature that are heard in the courts. Basically, the question arises of the consensual nature of the actions. If there is voluntariness on both sides, there may still be disciplinary and official disciplinary measures in the event of a “break-in in the comrades’ marriage”.
What are the consequences of reporting a sexual act?
As a rule, a sexual incident is made known to the Bundeswehr through a report. Often it is not the victims, but other comrades who express the suspicion. The superior is then obliged to initiate disciplinary investigations and to report the incident to the military disciplinary prosecutor’s office and the public prosecutor’s office.
The author of the report, lawyer and lieutenant colonel dR Christian Steffgen was a contract lawyer of one of the largest German professional associations from 2001-2015. Since then, he has defended many soldiers in numerous disciplinary proceedings on charges of sexual harassment up to and including rape. Since there is often testimony against testimony in sexual offenses, intensive investigations are carried out. This also means an increased effort for the defense attorney through discussions and investigations on site. Lawyer and specialist lawyer for criminal law Christian Steffgen also gets a picture on site in individual cases, e.g. in the rooms of the barracks.
How is it to be assessed if the testimony of witnesses deviates in the process?
The Federal Administrative Court took a position on the legal evaluation of witness statements with a judgment of May 7th, 2020 -BVerwG 2 WD 13.19:
“This is especially true if the only witness in the trial no longer maintains his allegations in whole or in part, the initial description of further offenses is not followed or even a part of the statement turns out to be untruthful. Then the court must regularly determine weighty reasons lying outside the testimony, which make it possible to believe the testimony nonetheless. If this does not succeed, the soldier is to be released according to the legal principle “in dubio pro reo” (BVerwG, judgment of January 24, 2019 – 2 WD 16.18 – juris Rn. 15 mwN). “
Affected soldiers can receive a free initial assessment by phone or e-mail. More information is available at anwalt-bundeswehr.de.
Photo: copyright fotolia.com/Fotolia_131219988_M.jpg
–
