How my fiancé ended up in the dog pound

TW: Violence, sexual assault

I’m not sure where to put this story, none of the categories seem quite fitting, so sorry about that.

This story happend a long time ago, I’m not sure exactly how laws have changed since then.

When my fiancé was young, he was a boxer. One evening after training, he was walking home with his trainer and they heard a woman scream. They ran there and saw a woman struggling on the ground, with a man on top of her, trying to open his trousers. My fiancé and the trainer didn’t hesitate - the trainer pulled the man up and my fiancé punched the assaultant square in the face, knocking him out and breaking his jaw in the process.

My fiancé stood guard, staying with the woman and keeping an eye on the man while the trainer ran to a nearby bar to call the police (this was before cell phones were a thing).
The man was arrested and tried for rape - a case which the assaultant won, because he was stopped before he managed to penetrate her. ( :rage: :rage: )

Upon winning and hearing that my fiancé was a boxer, the a-hole decided to sue my fiancé. Because of my fiancé being a boxer, his fist was considered to be a dangerous tool and the level of violence used to save the woman wasn’t proportional (because this wasn’t considered to be rape anymore.) The thing went to court and my fiancé could have faced up to six years in prison. He told me that the judge was very prejudiced to begin with, he seemed to think it was another ill tempered boxer who got into a fight in front of a bar.

When he heard the complete story, the woman luckily came to testify, the judge’s mood changed. Even though he couldn’t let my fiancé off the hook completely, he gave him the mildest sentence possible. He had to pay around 10 000DM (like 5000€) in damages (paid partly by his boxing club) and do two weeks of social work. The judge also made sure that the incident wouldn’t show up on my fiancés records and would be deleted as soon as possible.

That’s how my fiancé ended up in the pound, spending two weeks there walking dogs.

Nowadays it seems like a naked fist is no longer considered to be a dangerous tool, even though someone has experience in martial arts. Kicking someone while wearing shoes is though.

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HOW IN THE…??? HOW DID IT EVEN GET TO TRIAL???

Once the judge heard the full story, he should have thrown it out!!!

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Bizarre, I thought this was an American thing, but apparently, it’s not just there that stupid lawsuits are made (and won).
Good to see that the woman came to testify and that the boxing club helped pay for the damages though.

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In the US, “attempted rape” is a potential charge even when full-on rape was prevented. Is that not the case there? 8(

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Yeah, so, by the laws of back then and there, was the only lawfully correct way to stop the act to separate the two once the perpetrator got “going”? Sounds insane.

It was bizarre, yes. He doesn’t remember exactly why the man wasn’t convicted, other than the fact that they’ve stopped him before the perp could complete the act. Maybe there wasn’t enough evidence because of it? Some silly technicality maybe. Rape is notoriously difficult to prove.

Attempted rape is punishable in Germany.

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I remember one of the lawyer commenters (can’t remember where from) saying something along the lines of people only being able to be convicted of crimes they are being accused of. So in this case, it could be that since he wasn’t tried for attempted rape, they couldn’t convict him for attempted rape. Possibly could have been a technicality like that.

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