BGH ruling: Rapist from Duderstadt remains behind bars for almost six years!

BGH ruling: Rapist from Duderstadt remains behind bars for almost six years!

In a landmark decision, the Federal Court of Justice (BGH) changed a ruling by the Göttingen Regional Court. A 40-year-old man from Göttingen, who is accused of threatening and raping his former partner with a knife in Duderstadt, was originally sentenced to six years in prison. The sentence has now been reduced to five years and ten months, but the conviction for particularly serious rape remains. This reports that Göttingen Tageblatt.

The defendant appealed against the verdict. The BGH closed the proceedings regarding the threat, but rejected the further appeal. The conviction stands despite the man repeatedly denying the rape allegations. The court found the co-plaintiff's statements to be credible. It is noteworthy that both found each other via the dating platform “Tinder” and the crime took place on the defendant’s birthday after verbal arguments had broken out.

Special circumstances of the crime

As the Göttinger Tageblatt's reporting further explains, the crime happened in April 2024. After the crime, the defendant fled while the co-plaintiff filed a complaint. He was arrested a short time later in a parking lot. This history adds to the seriousness of the allegations, as the man already has a criminal history with violent crimes against women and fraud. At the time of the crime, the defendant was also under probation supervision.

The legal framework for such convictions in Germany is outlined by Section 177 of the Criminal Code (StGB), which deals with rape and sexual assault. Current developments in legislation and preventive measures are particularly important in view of the growing number of rape cases, which, according to Eurostat, have increased in recent years in EU Member States. Statistics show that there are numerous cases per 100,000 inhabitants, highlighting the need for action ( Statista ).

Jurisprudence in comparison

The case in Göttingen represents only part of a larger problem. Due to the high number of convictions, many legal frameworks in the EU are regularly reviewed and adjusted in order to improve victim protection and hold perpetrators appropriately accountable. An example from an earlier decision by the Federal Court of Justice, which dealt intensively with the definition of rape, also suggests that the guilty verdict must be clear and precise. A judgment from Wiesbaden dealt with similar offenses and shows how sensitive and complicated such proceedings can be ( NWB ).

The current decision of the Federal Court of Justice and the response received from the public make it clear once again that sexual violence is a significant social problem that cannot be ignored. In these cases, the judiciary is repeatedly challenged to find the balance between protecting perpetrators and protecting victims and to take a stand against violence against women.