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Teenage love-biter forced on sex crime register

Published: 10 Feb 2013 15:13 GMT+01:00

The unnamed boy landed before a court in 2011, aged 14, when parents of a 13-year-old girl pressed charges of child abuse against him. Their daughter had come home one day with a hickey on her neck, wrote the Süddeutsche Zeitung on Friday.

After a police investigation, the case went to court. The defendant was accused of having kissed the girl on her neck in such a way so that a “love bite of clearly visible dimensions” had appeared, and of “repeatedly touching her clothed genitals.”

The boy, for his part, claimed it had been entirely consensual, which his lawyer said the girl had denied in court, wrote the paper.

The youth court issued the boy with a warning for “sexual abuse of children” and sentenced him to 60 hours of community service.

Judges then told the teenager he would have to give a DNA sample so that he could be put on Germany's genetic database of sexual offenders as a likely re-offender.

But before he gave up the sample, judges from the Federal Constitutional Court intervened and said this would cause lasting damage to the boy's reputation.

Germany's highest court will now look into whether the boy's biometric data belongs on the register.

“There is no reason whatsoever for supposing the boy should commit serious crimes in the future,” his lawyer told the paper.

The Local/jlb

The Local (news@thelocal.de)

Your comments about this article

16:02 February 10, 2013 by raandy
This is what it has come too. Parents do not call each other anymore they press charges. A 14 yr old gives her a little feel and a hickey,

If my daughter came home with that tale, then I would have acted outraged and forbid her to see him again.I just can't imagine a 14 yr. old boy doing such an outrages thing to a 13 yr old girl, like that, I never did :-)
17:00 February 10, 2013 by chicagolive
This is what the stupidity of society has become. We one had two young men get sentenced to prison for rape because the fathers hated their particular race and the girls were afraid to admit it was consensual and the mothers knew. Several years later and many legal hurdles these now adult men were freed but their lives were ruined. Ladies, mothers, and fathers think twice before you go about falsely accusing people. The one was forever branded a sex offender and commited suicide the other was so enraged at how his life was ruined that he went over the edge. He killed the girl who falsely accused and the mother who knew she did. A sad end and tragedy all because of a lie.
17:59 February 10, 2013 by royp
The big problem, is that in the German and most continental legal system , children are not given a real formal trial with clear evidence and fair procedures that an adult trial would have, as their is a presumption that the focus should be on rehabilitation and getting treatment for the youth etc. The common law systems trails have a focus on establishing hard facts, and the focus would have been on, if it was consensual or not. They clearly didn't do this as they just assumed it was just minor teenage stuff, lets just give the boy some community service and be done with it, except then he would have also have been on the sex offenders list for life. As such a life time punishment they should really have had a real trial, and established if it was consensual or not. The problem is that this would have involved a full on trial, costing time and a lot of money, and most likely a full aggressive grilling interrogation cross examination of a 13 year old girl, but when the lifetime reputation and restriction on freedoms of another person are on the line this should have been done. But also on the other hand if this boy did these things without consent of the girl he is a sex criminal and deserves to be on a sex offender list, and maybe in kiddy prison.

A young colleague of mine, became anorexic after a sexual assault when she was 14 in school by another 14 year boy in her class, who was never punished. Rapists have to start out somewhere, it would be interesting to know if there is any research on this topic ?maybe in 20 years we will be reading about this boy in the newspapers as a serial killer or he maybe a pillar of society who knows.
20:28 February 10, 2013 by bwjijsdtd
And all for a KISS ... hope she was worth it and the girls parents are proud of themselves ...
22:18 February 10, 2013 by bellsucks
Germans please stay in your own Country and bon't export your craziness.
07:51 February 11, 2013 by TheWonderer
Before you keep complaining about Germans, take notice of the facts first.

What is not made clear in this article (but in another one in the German press) is a legal catch:

Nothing would have happened if both of them were 13 oder both were 14 years of age.

But as the "attacker" was 14 and the "victim" 13 years old, there is an oddity of the law that says that the younger one needs to be protected against the older one. And eventhough they are both minors, he is regarded as juvenile whilst she is a child.

This is to protect a 13 year old against a 17 or 18 year old - but falls back on a 14 year old in this case.

In Switzerland, there is a porotection against this: If the age difference between both participants is less than 3(?) years, nothing will happen.

It is a rare case and that's why the courts are dealing with it.

And before you continue to bash the German law:

In the USA, kids have been banned from school or kindergarden for lesser offences even (kiss without mark or just a slab on the bum) and branded "sex offenders"... The world is going crazy everywhere these days.

We need to act against misuse and offense, sure.

But we need to act wisely and with common sense.

TheWonderer
15:14 February 11, 2013 by Bulldawg82
Absolutely ridiculous.
16:48 February 11, 2013 by Englishted
German law is a gray area in this case a fifty shades of area.
19:01 February 23, 2013 by Berliner1978
"The world is going crazy everywhere these days."

You know it.....
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