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Man acquitted of rape but jailed for incest

The Local · 19 Dec 2011, 12:18

Published: 19 Dec 2011 12:18 GMT+01:00

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The court ruled Monday that the 69-year-old had a consensual sexual relationship with his daughter over a period of decades in their home in the Bavarian village of Willmersbach north of Nuremberg.

Renate B., 46, pressed charges against her father in March, accusing him of raping her at the age of 12 or 13 and then continuing a sexual relationship with her for 34 years. State prosecutors charged him with around 500 cases of rape and called for a 14-year prison sentence.

But the court took the side of the defence - which presented the daughter’s testimony as questionable - and handed down an extremely lenient penalty, since the defence had called for a jail sentence of five years.

Renate B. said her father had beaten her and threatened to kill her if she told anyone. “I will kill you,” she quoted him as saying. “It doesn’t matter where you go, I will find you.”

The woman added that her mother was lying in the bed next to them when the first sexual encounter took place.

Renate B. also said that neither her mother nor her four brothers did anything to help her, either during her childhood or later in life.

The court ruled that it was impossible to prove that the sexual relationship was not consensual, and pointed to inconsistencies in Renate B.'s testimony.

At the start of the trial Adolf B. admitted having consensual sex with his daughter. He said that his daughter had almost always taken the initiative in their sexual encounters, an account she vehemently denied. She said she once mixed sleeping pills into his food to escape his attentions.

Prosecutors said Renate B. gave birth to three disabled sons by her father, one of whom died as a baby, another of whom died recently, while the third survived.

A psychiatrist who examined Adolf B. pronounced him fully responsible for his actions. He said there was “a very high probability” that he would repeat them in a similar situation.

Last week, one witness testified that the incest had been an open secret in the village for several years.

Story continues below…

But the case only came to light when Renate B. tried to blackmail a doctor, who she accused of being responsible for the disability of her son. She then confided in her parole officer.

DAPD/The Local/bk

The Local (news@thelocal.de)

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Your comments about this article

15:40 December 19, 2011 by auslanderus
Oh please......2 years and 8 months for what he did to his own daughter. Crime does pay here in Germany. If he had killed her maybe he would have got money and not jail time. There is really some thing wrong with the court system here.
17:16 December 19, 2011 by iseedaftpeople
Two years and eight months in prison and no rape conviction is a very unfortunate outcome to this case, both for the victim and Germany's judiciary system as a whole.

That said, I suspect that it isn't just the judge who is to blame, but also the broadening false rape culture, in which false rape accusations have repeatedly been used by "victims" to exact revenge or destroy somebody's reputation. Sometimes very publicly, as with Jörg Kachelmann or in the Dominique Strauss-Kahn case. The victim in this case right here might be bearing the backlash of this.

It has often been warned in the wake of the Kachelmann verdict that false rape charges and a culture of false rape accusations could undermine the chances of actual rape victims to bring their rapist to justice. My heart goes out to this victim, but it seems that this is exactly what we are witnessing at present.
18:21 December 19, 2011 by carlm
In the mind of the kommie, what I call today's liberal, offenses like murder, rape and the like are no big deal. Life is cheap to them and so punishments are light. Except when it's one of them or their family and friends that are the victim, then they scream and demand bloody murder on the perpetrator. The greatest crime in the kommies mind is stealing from the state, like tax evasion. Tax evasion, like murdering a kommie, that's something they'd favor the death penalty for.

A perfect example of my above diatribe is what happened years ago to the guy who tried to kill Monica Sellas at a tennis match in Hamburg, versus what happened to Steffi Graf's father for tax evasion. The difference in treatment is yet another example of how nuts today's German is.

18:55 December 19, 2011 by Alexis Klatt
Her father's abuse of power & sense of Entitlement has ruined his daughter's view of the male gender and of family life forever. The fact that the family, and so many others, simple looked on for years, shows Silence Means Consent, creating severe trust issues.

This father has no clue the damage done here, that will affect all those knowing about it for the rest of their lives. Not only the damage done to his daughter, but the rotten example set for all the males of Abuse of Power, which is generational.

Sometimes those who hear these cases are either not in touch with the real world or are involved with incest & pornography themselves, hence their soft sentences.
19:03 December 19, 2011 by neunElf
Consensual? Couldn't prove they weren't consensual?

THis is a joke right?

He an adult, in a position of authority over a 12 year old child and they give consideration to the idea of consent?

A childhood lasts a lifetime!
19:21 December 19, 2011 by raandy
Consensual ,what is consensual between a father and his daughter? In no society do they condone this perversion as a benefit to society. This pervert got of fwith what should have been a 30 year sentence ,same as his daughter.
19:25 December 19, 2011 by iseedaftpeople

>Consensual? Couldn't prove they weren't consensual?

>THis is a joke right?

That is indeed strange. §176 of the German penal code clearly states that any sexual act with a person under 14 years of age constitutes child sexual abuse. It has no exclusions and no conditions, and especially doesn't allow the possibility of consent. Therefore, there should be no burden of proof (and it especially shouldn't lie with the prosecution) to establish that the sexual acts in question weren't consensual. Because due to the age of the victim at the time, the law declares them non-consensual in the first place.
19:30 December 19, 2011 by Snapply
I'm pretty sure you get more jailtime for downloading a dvd than raping and impregnating your own daughter for 25 years apparently
19:38 December 19, 2011 by finanzdoktor
Apparently, given the citing of German statute above, the judge apparently doe not even know German law.

Also, it is hard for me to believe that a father could not resist the sexual advances of his 12 or 13 year old daughter, if she indeed did initiate the contact. Face it, he did it, knowingly. And German society has lost again. Most likely outcome, is more victims, and further spoiling of Germany in international media.
21:45 December 19, 2011 by Gretl
@carim -I think you confused conservative (and the desire for wealth at any cost) with liberal (providing for the protection of people), otherwise you wouldn't make such absurd statements.
17:27 December 20, 2011 by showtyd75
Germany had turned to something else.
17:37 December 20, 2011 by heyheyhey
This particular court decision is almost incomprehensible. Where, in the hell does the reality of this situation come into play here?

This decision is so pathetically abusive to the victim that I would venture to predict that it will cause other victims to question whether to come forward.

What, in hell is wrong with Germany??????

The MUST be a public expression of outrage over this decision!

It is time for the advocates of sexual abuse victims to raise holy hell about this court decision.
00:55 December 21, 2011 by Drbio
Unbelievable! I cannot imagine any father doing this to his child. To inflict this horror on these innocent children from this abuse is amazing. He will suffer in prison. In the prison he will be going most of the inmates hate child abuse and he will suffer a different sort of hell from them, if he survives.
09:00 December 21, 2011 by tallabigale
Comment removed by The Local for breach of our terms.
19:59 December 21, 2011 by MichaelMolenaar
Deep psychological issues are present.
04:05 December 24, 2011 by Pavelina
In the U.S, sex with anyone under 18 is statutory rape. Isn't it the same in Germany?
07:34 December 27, 2011 by ann_p
It would be interesting to know if this case has been appealed to a higher court instance?

This is an embarassing case for Germany if it hits newspapers in other countries, it is a very weak signal to send.
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