• Germany edition
Society
Photo: DPA

Jail for incest man justified - court

Published: 12 Apr 12 12:04 CET | Print version
Updated: 12 Apr 12 15:26 CET
Online: http://www.thelocal.de/society/20120412-41903.html

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

What do you think? Leave your comment below.


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.
ADD YOUR COMMENT   (YOU MUST LOG IN OR REGISTER TO MAKE A COMMENT)
Today's headlines
Photo: DPA

Did Merkel's politics hurt Germany at Eurovision?

Eurovision Song Contest favourite Denmark won the competition on Saturday night, while Germany plunged to 21st place – the worst showing in five years – amidst speculation that it was payback for Angela Merkel’s hated policies. READ () »

Photo: DPA

Police warn against high-tech Islamist attacks

The Federal Criminal Police Office is warning of a new type of Islamist terrorist threat from the air that could attack both passenger and cargo planes as well as airport facilities, the Welt am Sonntag newspaper reported. READ () »

Photo: DPA

Some fear inflation if small euro coins cut

European Union proposals to eliminate one and two cent euro coins is annoying some Germans, including a few at the Bundesbank, while others think an EU idea to introduce one and two-euro notes is a good one. READ () »

Photo: DPA

Boy dies at Tropical Islands swimming pool

A 15-year-old boy died on Saturday at the popular “Tropical Islands” swimming and entertainment centre outside of Berlin, the Bild newspaper reported. READ () »

Photo: DPA

Wagner descendant slams composer

As the musical world lavishly celebrates Richard Wagner's bicentenary, the composer's great-grandson insists he is no spoilsport by denouncing the German master as a narcissist, woman-hater and an anti-Semite. READ () »

Photo: DPA

Bayern wins, Dortmund loses ahead of CL Final

If Saturday’s play was any barometer of what may happen at the Champions League final this coming Saturday, then Borussia Dortmund should be very nervous indeed. READ () »

Photo: DPA

Most Germans optimistic about the future

Although less than 50 percent of Germans are optimistic about their current situation, more than half think their future will be better and the number of pessimists in the country dropped, a survey released on Saturday showed. READ () »

Photo: DPA

Organic food stores expand rapidly

Organic food and health stores are undergoing a hefty expansion in Germany, with the Vitalia chain taking over several locations from the bankrupt Schlecker drugstore chain in Munich alone. READ () »

More Society
RECEIVE OUR NEWSLETTER AND ALERTS
  1. Burning ship had tonnes of radioactive material »
  2. 'L
    Highlights
    Photo: DPA Photo: DPA Photo: DPA Photo: DPA Photo: DPA Photo: DPA Photo: M&S Photo: Private Photo: Katie Needs Photo: DPA Photo: DPA Photo: A Peoples' Picture Photo: Private Photo: DPA Photo: Private Photo: DPA Photo: DPA Photo: DPA Furniture Leasing Corporation Photo: Henrik Trygg/imagebank.sweden.se



    Latest news from The Local in France

    More news from France at thelocal.fr

    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

    Latest news from The Local in Switzerland

    More news from Switzerland at thelocal.ch

    See all ads | Join the Marketplace

    Jobs in Germany, in English

    784 jobs available
    505 new jobs this week
    0 new jobs today

    ALL JOBS »

    Blog
    Essentials

    Dating
    Looking for your own blonde bombshell? Or is the strong, silent type more your style? Find a German sweetheart here.

    Weather
    "After clouds comes clear weather," say the Germans. But what about after that? Find out in The Local's weather section.

    Blog
    German stuff that's distracting us today.

    Noticeboard
    Whether you want to buy, sell, hire, announce or promote something, here's the place to do it - completely free of charge.

    Discuss
    Debate the news, ask for advice, make friends - or just let off steam.

    Search News


    Register

    Register now for:
    > Free use of noticeboard
    > Special discounts
    > Weekly news roundup
    > Unlimited use of discuss

    REGISTER FOR FREE »

    News from the Goethe-Institut
    News from Young Germany
    • German first feature film in Cannes
      A directorial debut from Germany makes it to the competition “Un Certain Regard” at the famous film festival on the Côte d’Azur.
    • Traveling Germany: Europa-Park
      Think theme parks:Roller coasters, colorful rides, entertainment, thrills. Think Germany: Europa-Park is the largest amusement park in the country, second in Europe only to Disneyland Paris.
    • Frankfurt – the digital hub
      The Internet hub in Frankfurt am Main is the largest in the world and places Germany in a leading position in the digital world.
    • The European Year of Citizens
      2013 is the European Year of Citizens. They‘re invited to contribute their ideas for the EU, and to discover more about their rights as EU citizens. An example: labour mobility.
    • Neuschwanstein Castle: In Photos
      Neuschwanstein is the most popular tourist attraction in Germany. And for good reason. King Ludwig II's castle looks like it fell out of a book of fairy tales.
    News from DeutschlandOnline

Toytown Germany
Germany's English-speaking crowd
Trade CFDs with InterTrader.com
Start trading shares, equities, forex, etc. No commission on equities; Low min. margins. Apply for a CFDs account now!
Little house in Spain
'Charming, old, beamed cottage for holiday let in Jesus Pobre, Alicante, Spain
www.littlehouseinspain.com/
Albatross Insurance
Professional and qualified consultancy on all insurance and finance matters in Germany, Telephone: +49 2163 571 1740, Email: bg@albatross-assurance.com
www.albatross-assurance.com
Hotel reservations in Berlin
Visiting Berlin anytime soon? Book your hotel in Berlin here.
Rental apartments in Berlin
For home-from-home holiday accommodation, search for a Berlin apartment to rent.