Allegations against Green Bundestag member Stefan Gelbhaar have led to his loss of mandate and significant unrest within the party. Initial claims of sexual harassment have been retracted by Rundfunk Berlin-Brandenburg due to credibility concerns, prompting Gelbhaar to pursue legal action. The fallout includes financial losses for Gelbhaar and a call for reform within the party, while the individual behind the accusations may face serious legal consequences. Gelbhaar’s political future remains uncertain following his recent electoral defeat.
The Unraveling of Allegations Against Stefan Gelbhaar
In a rather mundane turn of events, a local journalist driving by a certain address discovered that the name he was searching for was conspicuously absent from the doorbell. Inquiries with neighbors yielded no leads, and a check of the registration records confirmed that no individual by that name resided in Berlin. This revelation has brought to light the controversy surrounding Green Bundestag member Stefan Gelbhaar, leading to the loss of his mandate and causing significant unrest within the party. Initial allegations against Gelbhaar appear to be largely unfounded, but the fallout is substantial.
Consequences of the Allegations
On Friday, Rundfunk Berlin-Brandenburg (RBB) retracted portions of its initial reporting, expressing doubts regarding the credibility of the individual who accused Gelbhaar of sexual harassment. The broadcaster had previously disseminated these allegations without proper source verification. Following this, Gelbhaar secured a temporary injunction against RBB, which acknowledged that the 48-year-old’s personal rights had been infringed upon. Additionally, Gelbhaar, who is a criminal defense attorney, has filed a criminal complaint regarding the matter.
Berlin state politician Andreas Otto’s call for an apology seems insufficient, as the ramifications of the situation suggest severe legal repercussions are on the horizon. The Green district association acknowledged the pressing need for reform, yet no formal apology was extended to Gelbhaar. Moreover, Green education politician Özcan Mutlu publicly left the party, citing toxic power dynamics he had personally experienced.
This situation not only concerns Gelbhaar’s reputation but also has significant monetary implications. The person behind the fabricated identity may soon face uncomfortable legal consequences for their actions, including potential criminal charges and liability for damages. Gelbhaar has lost out on approximately 800,000 euros in parliamentary salaries and allowances throughout the legislative term, and he is entitled to seek compensation for the violation of his personal rights. Furthermore, he has already initiated a defamation lawsuit.
At the center of the allegations is Shirin Kresse, who, under the pseudonym Anne K., claimed under oath that Gelbhaar had sexually harassed her. Her subsequent departure from the party and resignation from all positions do not mitigate the need for an investigation into whether she acted alone or if others were complicit.
While a false sworn statement may not incur penalties if merely presented to journalists, it becomes a punishable offense if it is intended to mislead in legal matters. The intent behind the documentation was to create a false impression, which could lead to further legal repercussions, as false accusations and defamation are serious offenses under the law.
Udo Vetter, a criminal defense attorney from Düsseldorf, highlighted that the case could involve various criminal offenses, including the new clause concerning the insult of politicians, known as the Habeck clause. This particular situation seems to fit the criteria, as Gelbhaar’s ability to perform his public duties has been significantly hindered due to the allegations.
In civil terms, Gelbhaar has the right to pursue injunctions, compensation for pain and suffering, and damages. Even if the accused lacks immediate financial resources, judgment against them can be enforced for up to 30 years, alongside potential criminal penalties.
Currently, Stefan Gelbhaar’s political career is in jeopardy, despite the Green party hinting at the possibility of future candidacy. Having served in the Bundestag since 2017 and winning his direct mandate in the 2021 elections, he was a prominent figure, securing 98.4 percent of the votes in mid-November. However, following the emergence of the allegations, a new election was held, resulting in his defeat to 34-year-old Julia Schneider. Under immense pressure, Gelbhaar relinquished his list position, now occupied by Robert Habeck’s campaign manager, Andreas Audretsch, who hails from the Neukölln district and currently sits in the Bundestag.