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Rape that never happened

Flankerl

Well-Known Member
Long story short: A man in germany was sentenced to prison for rape which never happened and now his daughter who made up the charges with her mother took thems back.
20 years after the verdict and 13 years after he left prison.


Only google translate, so bear with it. :)
In the retrial, the now 33 -year-old on Tuesday recanted their testimony , which had led before the district court Kempten condemning the father 17 years ago. Memmingen Regional Court overturned this ruling and ordered to compensate the 62 -year-olds for the detention.

"Your life , the lost years , we can not return to you, we will give you back your honor ," said the presiding judge in their verdict . Previously, she had the daughter pronounced respect for their courage . " We pay respect , that you have gone this route . "

Criminal penalties for their false testimony has not expected the young woman , the process is time-barred.

Father relieved acquittal

In July 1996 the father had been convicted of trumped by his daughter allegations of child sexual abuse and rape. They thought he was guilty of the three girls forced to have sexual intercourse at the age of nine and ten years.

The accused had always denied the allegations . "It was not a fair trial ," the 62 -year-old described the former course of the process . He felt prejudiced from the start. The seven -year prison sentence has fully served the man . Even after his release he was still under a five year management plan .

On Tuesday, the defendant was relieved by the verdict. In his closing speech he had once again asserted tearfully to be innocent . Later he said : "I am glad that I have always believed that the truth will prevail."

He hoped that it will again be possible to build a normal relationship with his daughter and her family. "I am grateful that my daughter has taken the courage yet to find the truth. "

Meticulously constructed story

In tears, described the 33 -year-old today , how it came to their false testimony in the mid -90s : Between her parents there was continuous strife.

When the parents eventually separated , her mother had incited them against the father . They have also made it believable that he was responsible for the cancer of the mother. " My hatred for my father grew. (...) I thought I would have my revenge on my stupid father. "

The Court considers that the serious allegations made by the then 15 -year-old came out of fear that she has to live with her father after her mother's impending death . With the help of the mother , the daughter of the calendar then constructed a story with which she was able to convince investigators , reviewers , and later the court.

When it came to trial in 1996 and her father was sentenced to a long prison sentence , she had extreme remorse , said his daughter , who is now a mother of three young

Spektakulärer Freispruch : Aus Hass auf den Vater Vergewaltigungen erfunden - Nachrichten Regionales - München - DIE WELT




I cant even imagine how anyone deals with something like that. You are always going to be that rapist everyone knows. All your friends probably hate you even after you've served your sentence in prison.
 

Me Myself

Back to my username
Its a real sad story.

Remembers me the one with MJ.

:(

Is the mother dead already or has she been prosecuted for this already? Is ere a case against it?
 

Koldo

Outstanding Member
Long story short: A man in germany was sentenced to prison for rape which never happened and now his daughter who made up the charges with her mother took thems back.
20 years after the verdict and 13 years after he left prison.


Only google translate, so bear with it. :)

I cant even imagine how anyone deals with something like that. You are always going to be that rapist everyone knows. All your friends probably hate you even after you've served your sentence in prison.

It says: ''Memmingen Regional Court overturned this ruling and ordered to compensate the 62 -year-olds for the detention.''

What is meant by 'compensate'?
 

Flankerl

Well-Known Member
It means that he will get money from the state for each day that he spend in jail.

7 x 360 = 2.520days
2.520 x 11€ = 27.720 €

At least i think you get 11€ for each day you spend in prison if you are proven unguilty.



And yeah the mother is dead.
 

Koldo

Outstanding Member
It means that he will get money from the state for each day that he spend in jail.

7 x 360 = 2.520days
2.520 x 11€ = 27.720 €

At least i think you get 11€ for each day you spend in prison if you are proven unguilty.



And yeah the mother is dead.

11€ a day?!
That is ... terribly low.
 

Flankerl

Well-Known Member
Oh iam sorry its 25€ a day.

So its 63.000€ for those 7 years. Aint that much either.


I wonder if Germany has double jeopardy laws..?

Nobody shall be punished multiple times for the same crime on the base of general criminal law.

— Art. 103 (3) GG
 
A

angellous_evangellous

Guest
I would like to see those two women put behind bars for the same amount of time he spent there.

I was angry at them, too. There should be some kind of punishment - it's like they don't take this kind of thing seriously.

But I guess if your own family betrays you like this, you're lost.
 

InformedIgnorance

Do you 'know' or believe?
The sad but simple fact is that he got screwed and since his ex is dead nothing can exactly be done about justice on that front, yet I somewhat doubt that he wants his daughter to go to jail (she was young at the time and she is probably all he has now in terms of interpersonal relationships) and indeed the court acted in good faith in their sentencing of him. Some people just get screwed, I dont think there is really much that can be done about it; and at 62 it is well... going to be difficult to use this supposed clearing of his name to gain back even a small portion of what he lost in the time he has left.
 
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McBell

mantra-chanting henotheistic snake handler
Nobody shall be punished multiple times for the same crime on the base of general criminal law.

— Art. 103 (3) GG

Interesting.
I wonder if he is aware that he has already served his time for the crime he has not committed?
 

roger1440

I do stuff
It says: ''Memmingen Regional Court overturned this ruling and ordered to compensate the 62 -year-olds for the detention.''

What is meant by 'compensate'?
Probably a letter of apology coming from the court saying something like, “Sorry, opps, we made a mistake. Have a nice life”.
 
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