Sexual Criminal Law
Most of you know from your own youth how easy it is to slip into questionable situations after five wheat beers and a joint and that, in retrospect, you must be happy not to have come across the wrong public prosecutor!
RiBGH Prof. Dr. Thomas Fischer, Die Zeit….
Passionate emotion to one person can be perceived as violence by another. Criminal law and sex are closely tied to one another.
Criminal law is one of the most sensitive indicators of our legal culture. When it comes to sexually related matters, and thus to our most intimate interpersonal relationships, serious problems are inevitable. Whether an experience is erotic or rape depends on subjective perception, personal experiences, emotions, and even instincts. Understandings about this are already difficult in the interpersonal realm. Its reconstruction during criminal proceedings, necessary under sexual criminal law, often borders on the impossible due to the different perspectives. The already difficult determination of guilt and innocence in criminal law cases thus often increases manifold in sexual criminal law cases.
Moreover, if the facts of the case are disputed, there is little objective evidence. If there are only the words of the two persons involved, the criminal court faces the challenge of evaluating the credibility of their statements. Here skilled criminal defence is required which is also experienced in testimony psychology. The presentation of the client's own point of view requires as much sensitivity here as the knowledge of the special law regarding the credibility of statements and witnesses. In the case of child abuse accusations denied by the client, the evaluation of the testimony of child witnesses adds to these difficulties. The questioning of such witnesses is a balancing act between understanding and uncovering lies. Successful debate with the psychological experts often sets the course for a favourable result.
If the facts of the case are not in dispute, but the emphasis of the defence is on an effort to raise understanding for the sexual behaviour, sensitivity is required. The timely initiation of victim-offender mediation can often save the freedom of the client.
If the defence wants to prove that sexual offences are due to a medical condition, it is often necessary to involve psychiatrists. Only through their expertise is it perhaps possible to see diminished capacity for guilt, leading to a more tolerable level of punishment.
The lawyers of verte|rechtsanwälte have a wealth of experience in the field of sexual criminal law. With their legal and psychological expertise, alongside the necessary sensitivity, they have what it takes to successfully work through the specific, intimate problems of their clients in this area.