Hattingen – The judges of the Hattingen jury court today sentenced a suspect from Sprockhövel to one year and 10 months in prison for rape. The sentence was suspended for three years.
At the end of July 2022, the Sprockhöveler is said to have raped a sleeping young woman lying next to him in bed, according to the prosecutor’s charge.
“The external events, i.e. the sexual intercourse, are admitted,” said criminal defense attorney Grabitz during the main hearing on behalf of his client from Sprockhövel.
But let’s start at the beginning: Through an acquaintance of the accused, he met her girlfriend, who later became the injured party. The accused got along well with her and they chatted intensively with each other. Sexual topics were also addressed and ultimately the accused and the young woman could also imagine having sex with each other via chat.
A private meeting between the young woman concerned and her friend ended at the end of July 2022 in the defendant’s apartment in Sprockhövel. They talked and drank wine. “I stayed at this apartment for the first time and then decided around midnight when my girlfriend left the defendant’s apartment to spend the night in the defendant’s bed.
“I could have slept on the couch or in bed, but then I lay down in bed, it was more comfortable,” said the young woman concerned. She also did not object when the defendant had his hand on her hip in bed, according to her testimony in court.
Her sleep was then suddenly interrupted when she noticed that Sprockhöveler was having sexual intercourse with her in bed. “I never gave any hints that he could just do it,” said the affected young woman.
The young woman pushed the accused away, got dressed, left the apartment and later, with the participation of her friend, notified the police. The accused is said to have written via chat message that he was sorry.
“Something happened between people who were friends,” prosecutor Arenfeld judged the facts, which she rated as a crime with intent.
“It’s tragic and not nice either, it was a chain of stupid circumstances,” said the defendant’s defense attorney and doubted that his client could see that the young woman had slept during the event.
“She trusted that nothing would happen”
You don’t do sexual acts on sleeping people,” said the prosecutor, even if the young woman might not have had anything against a “friendship plus relationship” when she was awake. “The victim lay down next to the accused and trusted that nothing would happen,” added the prosecutor. Taking into account the defendant’s remorse and the fact that he had never been in trouble with the law, she requested that he be sentenced to two years’ imprisonment, suspended.
The lawyer for the young woman, who acted as a joint plaintiff, then described to the judges of the lay court the psychological consequences of this rape on her client. “These three minutes changed the young woman’s whole life,” the lawyer explained. Even as a teenager, her client had to go to a state clinic for inpatient treatment and at the time of the crime she still had to take pills regularly. The young woman was also emotionally touched during today’s main hearing, when she repeatedly burst into tears.
At the end of his pleading, defense attorney Grabitz saw no intent and no maliciousness in his client’s intent in the crime. He was guided by hope, ”said the lawyer.
Probation
He pleaded for his client’s acquittal, otherwise for a suspended sentence at the discretion of the court.
In his last word before the verdict, the accused apologized to the young woman and expressed his hope that she would get better soon.
Judge Kimmeskamp then announced the verdict of the jury and sentenced the Sprockhöveler to one year and ten months in prison for raping the young woman. The sentence was suspended for three years. The accused bears all costs of the proceedings.
In his verdict, the presiding judge stated that the young woman was unable to make a statement contrary to the sexual intercourse during the act. The intention was given. In the overall view, taking into account all the circumstances, it should not be punished legally as a particularly serious case. “The accused may have calculated something, but that doesn’t justify what happened,” said the judge.
The verdict became final in the courtroom.
2023-05-10 23:24:30
#SPROCKHÖVELER #CONvicted #Rape
