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.