• Germany edition
 
Jail for incest man justified - court
Photo: DPA

Jail for incest man justified - court

Published: 12 Apr 2012 12:04 GMT+02:00
Updated: 12 Apr 2012 15:26 GMT+02:00

A man jailed for incest after fathering four children with his sister has been told the German court ruling was justified – following the rejection of his appeal to the European Court of Human Rights.

Judges said on Thursday that the German courts could continue to punish those convicted of incest without injuring his rights to a “private and family life.”

The man in question, Patrick Stübing, appealed all the way through the German courts saying the repeated jail sentences, which he received for his continued sexual relationship with his sister, were unfair.

He and his sister Susan, from near Leipzig, grew up apart after he was given up for adoption aged four - before she was even born.

He had been badly abused by their alcoholic father while she struggled with school and has received significant help from social services.

She was 17, he 25, when he returned and moved into to the family home in 2000. Six months later their mother died, leaving the pair together.

Within five years they had four children, two of whom were disabled. Patrick was locked up as a result several times, most recently leaving prison in 2009.

They are no longer a couple – at least in part because of the legal action against them, his lawyer Endrick Wilhelm told the Süddeutsche Zeitung newspaper on Thursday.

The German anti-incest law did “not protect the family, rather destroyed a family,” he said.

But German officials were entitled to use their discretion, the European court ruled, as

there was no consensus between Council of Europe member states on the question of whether consensual sex between adults could constitute a crime.

"Furthermore, the German courts had carefully weighed the arguments when convicting the applicant," said a statement from the court.

Three of the four children live with foster families, while the youngest daughter lives with Susan.

The Local/DPA/AFP/hc

The Local (news@thelocal.de)

Don't miss...X
Left Right

Your comments about this article

15:20 April 12, 2012 by Big L
And the sister is not guilty of incest I guess?
16:06 April 12, 2012 by Sayer
She was 17, yes? Here's what I uncovered...The age of consent in Germany is 14, as long as a person over the age of 21 does not exploit a 14­15 year-old person's lack of capacity for sexual self-determination, in which case a conviction of an individual over the age of 21 requires a complaint from the younger individual; being over 21 and engaging in sexual relations with a minor of that age does not constitute an offense in and of itself. Otherwise the age of consent is 14, although provisions protecting minors against coercion apply until the age of 18 (under section Section 182(1) it is illegal to engage in sexual activity with a person under 18 "by taking advantage of an exploitative situation." See Wiki for the rest.

In this instance, and if this information is correct, the court is in error, regardless of what one's opinion of the behavior is. Unless to protect the defenseless the law has no business in the bedrooms of the nation.
17:30 April 12, 2012 by BobbyDigital
@Sayer- He wasn't jailed for banging a minor, he was jailed for banging his sister. Uncover that law.
17:35 April 12, 2012 by The-ex-pat
This is a long running story of many chapters. I have only one question, how come only he has served any prison time since this was uncovered??
21:12 April 12, 2012 by ovalle3.14
He banged his sister. She banged her brother. How come there's only one being put to trial?
23:54 April 12, 2012 by slawek
I don't know anything about this couple. But their decision to have children together shows somehow a lack of intelligence. They certainly both need a legal guardian and forced birth control, but certainly not a jail sentence.
00:16 April 13, 2012 by franconia
@ Sayer, Yahoo, are you from the Ozarks???
10:52 April 13, 2012 by raandy
This couples plight of incest has been around for a few years.

It is concerning, and wrong.

They should have moved away out of the camera and news when they were first were discovered, instead of insisting there is nothing wrong with incest and having children that will pay a heavy price for their indiscretions.
02:47 April 14, 2012 by yuri_nahl
Lawyer fest. Your great nation is in danger of the slippery slope of too many coppers and lawyers.
16:27 April 14, 2012 by willowsdad
The incest taboo has its origin in the greatly increased possibility of defects in the children of such unions. If they really wanted to pursue their relationship, they should have gotten sterilized so nothing like that could happen.
23:36 April 14, 2012 by Sayer
This discussion is about law. If, as we are supposed to believe, justice is blind, it is irrelevant who "did" whom. The law is the law, regardless of their relationship, as each person is an individual. It could be the Virgin Mary, and the case would be the same.

I find incest abhorrent, however, my point is that the law in question is poorly written, and even more fumblingly enforced. If German national law cannot effectively deal with this, why is a non-elected court in a different country making a ruling? For me this is an issue of preserving national control over a country's judicial integrity. And protecting its children.
05:14 April 15, 2012 by Inquisitor
In German law, obviously only males can be charged and convicted for incest. Regrettably, stupidity is not a crime! The real crime is the fact that they had children, who are obviously disabled, as would be expected. They have chosen to inflict their stupidity on a future generation. We should not be worried about their sexual relationship, so much as their stupidity in having children in an age where both birth control and abortion are freely available. The other crime is that German law did not see fit to charge BOTH of them. In effect the German courts are guilty of gender discrimination in the administration of justice which I believe IS illegal.
09:18 April 17, 2012 by DoubleDTown
it's not directly on point, but also of interest, I believe the sister in this pair fathered a child with another man when her brother once had a 10 month or so imprisonment. that says something too about the great decision-making capabilities of this pair.
Today's headlines
CDU candidate forced to remove Turkish logo
Yasar Calik. Photo: Facebook/Yasar Calik

CDU candidate forced to remove Turkish logo

A Christian Democrat (CDU) town council candidate has apologized and withdrawn campaign bags on which he had printed a new party logo where the Turkish crescent appeared inside the "C" for Christian. READ () »

Cheap flights get pricier as airlines expand
Lufthansa's daughter company Germanwings is one of the faster-growing budget airlines in Germany. Photo: DPA

Cheap flights get pricier as airlines expand

Budget airlines are expanding their range of routes from Germany but ticket prices are climbing along with them, a report from the German Aeronautics Centre (DLR) revealed on Thursday. READ () »

Ecclestone lawyers: Bribes never happened
Bernie Ecclestone with his lawyers in a Munich court on Thursday morning. Photo: DPA

Ecclestone lawyers: Bribes never happened

UPDATE: Formula One supremo Bernie Ecclestone went on trial in Germany on Thursday, denying charges of bribery that threaten to land the British billionaire in jail. READ () »

Minister praises Erasmus 'success story'
Photo: DPA

Minister praises Erasmus 'success story'

A revamped version of European student exchange programme Erasmus officially launched in Berlin on Thursday with Germany's education minister praising the scheme as a Europe-wide “success story”. READ () »

Turkey tourists lose call to prayer refund bid
Photo: DPA

Turkey tourists lose call to prayer refund bid

A German couple has lost their legal fight to get a refund for a Turkish holiday which they said was ruined by the calls to prayer from a nearby mosque. It is just one of a series of court claims by picky German tourists. READ () »

Germany halts arms sales to Russia
Russian troops surround a Ukrainian base in Crimea. Photo: DPA

Germany halts arms sales to Russia

Germany has stopped selling arms to Russia due to the current “political situation”, according to reports on Thursday. The sale of military equipment to Russia by German firms has been criticized by the country’s Nato allies. READ () »

Truck kills man lying in middle of road
Photo: DPA

Truck kills man lying in middle of road

Police were searching for witnesses on Wednesday morning following a mysterious road accident in which a 25-year-old man was killed as he lay in the middle of the road. READ () »

Where are Germany's smartest towns?
Germany's cleverest town. Photo: DPA

Where are Germany's smartest towns?

A brain training website released scores on Wednesday showing which German towns performed best and worst in a range of cognitive tests - with some surprising results. READ () »

April wraps up with stormy week ahead
Lightning over Lake Starnberg, in Bavaria. Photo: DPA

April wraps up with stormy week ahead

The end of April is looking stormy for Germany with hot and cold air mixing and making for wild spring weather over the coming few days, state forecasters DWD said on Wednesday. READ () »

Germany sold €40 million of arms to Russia
Russian troops pictured in March in Crimea. Photo: DPA

Germany sold €40 million of arms to Russia

Germany arms sales to Russia have come under fire following the crisis in Ukraine. In 2012 Germany sold €40 million worth of rifles, pistols and armoured vehicles to the country. READ () »

RECEIVE OUR NEWSLETTER AND ALERTS
Photo: DPA
National
Girls find live ammunition in Easter bonfire
Photo: Facebook/screenshot
Berlin
Germany's most viral advert for an apartment?
Gallery
11 things you need to know about German beer
Photo: DPA
Politics
Interview with AfD - 'If Britain goes, Europe is lost'
Photo: DPA
National
Police damage own water cannon with eggs
Photo: DPA
National
Let us start work later after World Cup nights, unions says
Photo: DPA
Society
Crystal meth use hits record level
Photo: DPA
Rhineland
Elderly man taped €200,000 to his genitals
Photo: DPA
Business & Money
What's the unemployment rate in your area of Germany?
Photo: Galerie Bilderwelt
Gallery
World War I in colour photos
Photo: DPA
Society
JobTalk: Why you should teach English in Germany
Photo: DPA
National
330,000 sign up against TV licence fee
Advertisement:
Photo: Submitted
Frankfurt
'I'll get even with my old pal Schwarzenegger'
Photo: DPA
Gallery
Ten great inventions you (probably) didn't know were German
Photo: J. Arthur White
Berlin
Clashes in Berlin as refugees tear down their own camp
Photo: DPA
Gallery
The 10 best German employers to work for
CurrencyFair
Sponsored Article
Why it pays to avoid banks when making overseas transfers
Mr. Lodge
Sponsored Article
How to find a furnished rental in Munich
Sponsored Article
How to make a lasting impression in business
Hult International Business School
Sponsored Article
What they don't teach you at Business School
Photo: DPA
Society
Nine jobs you can only do in Germany
Photo: DPA
Business & Money
JobTalk: All you need to know about working in Germany
Photo: DPA
Features
The Local List Archive - Your guide to all things German
National
Share news tips with The Local Germany
Latest news from The Local in Switzerland

More news from Switzerland at thelocal.ch

Latest news from The Local in Spain

More news from Spain at thelocal.es

Latest news from The Local in France

More news from France at thelocal.fr

Latest news from The Local in Italy

More news from Italy at thelocal.it

Latest news from The Local in Norway

More news from Norway at thelocal.no

Latest news from The Local in Sweden

More news from Sweden at thelocal.se

3,077
jobs available
Toytown Germany
Germany's English-speaking crowd