A German firefighter accused of raping an unconscious woman was spared time behind bars after a court said it was important he kept his job.
The Munich judge’s decision to sentence Thomas B, 28, to 11 months’ probation has sparked outrage in Germany for favoring the criminal’s career over that of the victim.
If the firefighter’s sentence had been longer than one year, he would have lost his status as a civil servant, but according to the German media ZS, the judge considered that the result would have been “very harsh.”
The rape took place in February 2022 when Thomas, from Munich, sexually assaulted his friend Jennifer L after the two saw each other at a party.
Jennifer invited Thomas back to her house for one last drink after he had confided in her about his recent separation from his wife.
She fell asleep, only to wake up hours later to find that her underwear had been removed and that Thomas was touching her inappropriately.
The court heard video testimony from Jennifer, in which she described the psychological toll the incident had taken on her.
“The days after the crime were terrible, very terrible,” she said, speaking of her continued struggles with sleep, hypervigilance and discomfort around men like Thomas.
A German firefighter accused of raping an unconscious friend was spared time behind bars after a court said it was important he kept his job.
The image shows an aerial view of Munich. The Munich judge’s decision to sentence Thomas B, 28, to 11 months’ probation has sparked outrage in Germany
The court was “convinced” that the crime had occurred as Jennifer had stated and acknowledged that she “will not be the same for the rest of her life.”
However, the court justified the lenient sentence by stating that the perpetrator was very young and that the rape was an “immature reaction” by Thomas due to their recent separation.
The court also argued that Thomas was “still young” at the time of the incident.
Meanwhile, Thomas, who claimed not to remember the assault due to his drunken state, admitted guilt and expressed remorse, saying he trusted Jennifer’s account.
He was also ordered to pay the victim around £5,000 in compensation and must complete 80 hours of community service.
The Munich Public Prosecutor’s Office I now wants to appeal.
“We are of the opinion that the sentence should have been higher, so we requested one year and six months of probation,” prosecutor Anne Leiding told the German magazine Merkur.
“In our opinion, the most important aggravating circumstances are the enormous consequences for the victim and the particular breach of trust that accompanied the course of events,” he added.
Under German law, rape is punishable by a minimum of two years in prison and up to 15 years.