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Teenage love-biter forced on sex crime register
Published: 10 Feb 13 15:13 CET | Print version
Online: http://www.thelocal.de/society/20130210-47883.html
A 14-year-old boy who gave his classmate a love bite has been ordered by a court to submit a DNA sample to be stored on a biometric register of sex offenders. Germany's highest court will now investigate the case.
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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
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Your comments about this article:
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 :-)
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.
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
You know it.....