Review for masseur: An accusation of rape remains without evidence!

Ein Masseur in Bad Doberan wurde freigesprochen, nachdem er beschuldigt wurde, eine Frau während einer Massage belästigt zu haben.
A masseur in Bad Doberan was acquitted after being accused of molesting a woman during a massage. (Symbolbild/MMV)

Review for masseur: An accusation of rape remains without evidence!

In a sensational case, a 53-year-old masseur of a hotel in Kühlungsborn was acquitted by a dish. The indictment that he raped a 29-year-old customer during a full body massage could not be sufficiently proven. The district court of Rostock found that although the credibility of the woman was not doubted, there are no evidence of her descriptions. This clear statement by the presiding judge left space for the defense, which pointed out to the legal principle that in doubt the defendant has to be decided what is of immense importance in the case law.

The customer had already booked the hotel in March 2024 to enjoy a little relaxation and wellness. When the allegations became known, the Rostock public prosecutor's office spoke out for a conviction, while the co -lawn representative also pursued a clear line. But in this case, the absence of witnesses played a crucial role. During the massage, nobody was in the cabin, which caused the court to examine the statements in detail, but ultimately do not determine sufficient signs of a crime.

statement against statement: a complex Situation

This case once again shows the challenge of representing the "statement-against-statement" constellations for the court, without further witnesses or reliable evidence. According to the Stern, the credibility of the statements in such cases is of crucial importance. While victims often enjoy a leadership, false accusations can arise from different motifs and make truth finding considerably more difficult. The Federal Court of Justice has also made it clear that the victim's statement may not be weighted higher per se.

The judges also emphasized in their decision that the assessment of evidence requires a careful content analysis of the statements and the examination of their history and the statement motif. In this specific case, the behavior of the customer, such as a visit to a women's clinic, was not adequately recognized, which led to uncertainties in the assessment of credibility.

The future of the masseur and the possibilities of the public prosecutor's office

Although the masseur is delighted with the acquittal, he has already announced that it is no longer working in his job for the time being. The public prosecutor has the option of making an appeal against the judgment, which is not unusual in similar cases. The legal framework is complex, as is the [assessment of the evidence] (https://blog.burhoff.de/2022/09/riebweiswuerdigung-beim-verwewung-oder-vaumenwuerdigung-bei-aussage- against-aussage/). The Federal Court of Justice insists that the judicial assessment of evidence must completely take into account all relevant facts, which in this case was a challenge.

While the masseur retains the next steps, the case remains an impressive example of how difficult and sensitive procedures in the field of sex criminal law can be and how important a comprehensive legal representation is for everyone involved.

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OrtKühlungsborn, Deutschland
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