A court in Germany sparked outrage by handing a firefighter a lenient sentence for raping an unconscious friend, saying it was important that he kept his job.
The Munich judge’s decision to sentence the 25-year-old Thomas B to 11 months’ probation has been widely condemned for setting a precedent that prioritises an offender’s career over justice for the victim.
“This judgment sends a terrible signal,” said Britta Zur, former police president of Gelsenkirchen, in a social media post.
“So many work tirelessly to combat physical violence and sexual abuse, and yet the judiciary does not follow through?”
The rape case revolves around an incident in February 2022 when the firefighter from Munich, assaulted his friend Jennifer L, whose name has been changed in line with German privacy laws.
After drinking heavily at a party, Jennifer L invited him to her home, empathising with his distress following a separation from his wife.
She fell asleep, only to wake up hours later to find her underwear had been forced down and Thomas B was inappropriately touching her.
She confronted him immediately and demanded that he leave.
‘An immature reaction’
The court heard a video testimony from Jennifer L, in which she described the profound emotional and psychological toll the incident had taken.
“The days after the crime were terrible, very terrible,” she said. She also described her ongoing struggles with sleep, hypervigilance and discomfort around men resembling Thomas B.
The judge acknowledged that the crime had been traumatic for the victim, and stated: “She will not be the same for the rest of her life.”
But the court also described Thomas B’s act as “an immature reaction to the separation from his wife”.
It also argued that Thomas B was “still young” at the time of the incident.
And in its justification for this leniency, the court also stated that it would be “a very great hardship if he were to lose his position because of this judgment”.
Thomas B, who claimed to have no memory of the assault owing to alcohol, admitted his guilt and expressed remorse, saying he trusted the victim’s account.
He was ultimately sentenced to 11 months’ probation.
Under German law, rape is punishable by a minimum sentence of two years’ imprisonment, with up to 15 years for the most severe cases.
Had Thomas B been sentenced to one year or more in prison, he would have lost his civil servant status, according to Bild newspaper.
SZ newspaper reported that the judge considered this to be a “very harsh” outcome of the trial.
Thomas B was also ordered to pay the victim roughly £5,000 in compensation and complete 80 hours of community service.
The prosecution has now announced plans to appeal the ruling, arguing it woefully fails to reflect the gravity of the crime.