In the backward part of the world where I live, a man who sexually molests a four-year-old child can expect to spend many years behind bars, and possibly the rest of his life. We’re inbred cross-eyed tobacco-chewing trailer-park hicks around here, and that’s the sort of primitive justice we hand down.
But that’s not the way they do things in an enlightened place like Germany. The Germans are a civilized bunch, and don’t consider sex with a child to be rape unless it is accompanied by violence or the threat of violence — in other words, the rules are the same as for sex with an adult.
There are other jaw-dropping aspects to this case, including the blithe assertion that the child suffered no permanent harm from what happened. But words fail me at this point.
Many thanks to Nash Montana for managing to hold down her gorge while translating this article from the German tabloid Bild:
Pedophile sentenced to only two years and four months
It was an especially heinous crime that took place at the end of March in an asylum home in Boostedt (Schleswig-Holstein). There, Jama B. (22) made a four-year-old boy follow him to the bathroom. Once inside, doors locked, he [anatomical details of child sexual molestation redacted].
Shortly thereafter the man was caught, still with his pants down, by the boy’s father. The alarmed security service immediately called police, and they arrested the Afghan. A second man, Sohrab S. (29), who guarded the door during the incident, was arrested as well.
During the ensuing court trial, Jama B. bragged that he was a famous man in Afghanistan. “I am a superstar, a singer.” That his personality was not that of a man who is be capable of what he was accused of. Furthermore, he said that he had a lot of alcohol before the incident, but that he was in control of himself. He did not show any remorse in court.
Thursday the county court delivered judgment: two years and four months incarceration for severe sexual abuse for Jama B., and his accused accomplice was free to go.
This verdict has made people speechless. And it prompts a lot of questions. BILD is asking those responsible:
A man [anatomical details redacted] of a child. Why is this “only” severe sexual abuse — and not rape?
Chief prosecutor Alex Bieler tells BILD: “A rape is thus only punished when it has been committed under the threat of violence, or when violence was used. This is not what we are seeing in this case. It is often enough with children when one gives them clear instructions — such as ‘[anatomical details redacted]’. Therefore the offender was persecuted for “only” severe sexual abuse of a child. But on a grander scale it doesn’t really matter, since with a rape the minimum sentence is two years, and the maximum is fifteen years.”
Why such a lenient punishment?
Karin Witt, spokesperson for the county court Kiel: “The court couldn’t discover any other severe factors such as prior convictions. Mitigating circumstances were presumed, due to the defendant’s alcohol consumption and his severe detention sensitivity: He is young, he doesn’t speak German, and he has already been attacked once while in custody. The victim has gotten over the incident well, there are no serious consequences to be expected.”
Why was the accomplice acquitted?
Sohrab B. was acquitted due to lack of evidence. It was not possible to prove that he aided and abetted the severe sexual abuse, says presiding judge Stefan Becker. The chamber therefore gave, due to a of lack of evidence, “the benefit of the doubt to the accused”.
How is the boy today?
Attorney Peter Boysen who represented the family of the child: “It was a single incident that didn’t last very long either, and one hopes it will not harm the child in the long run. Therefore there was no reason for us to complain about the verdict, even if we could maybe have gotten him another six months. I have therefore advised the parents not to file an appeal against the verdict. The boy is doing well today, but he is still in therapeutic treatment of a children and youth psychiatric clinic. The family is happy to not be living in the asylum home anymore. They now live in their own apartment in Northern Germany.”
Will the offender be deported now?
The verdict is not yet final, the chief prosecutor and defense are currently looking at a revision. Only then can the offender’s refugee status be revoked and deportation occur.