process
Long prison sentence for rape in a children’s home
The defendant (r) is sentenced to a long prison sentence in Hof. photo
© Daniel Vogl/dpa
The death and rape of a ten-year-old in a children’s home in Upper Franconia caused consternation in 2023. Now a 26-year-old has been convicted. But the circumstances of the crime remain unclear.
What exactly happened on the night of April 4th, 2023? Children’s home in Wunsiedel, Upper Franconia? This question about the death of a ten-year-old hung over the trial of a 26-year-old at the Hof regional court. The trial now ended with a prison sentence of seven and a half years for rape. But the crucial question for relatives and those working in the home remained unanswered even with the verdict.
The ten-year-old was found dead in a bed at the home that morning. The investigation came to the conclusion that an eleven-year-old boy from the home strangled the girl during an argument that night. The defendant is said to have previously entered the home looking for valuables and met the boy. The boy then started a conversation with sexual content and the 26-year-old masturbated in front of him.
The defendant is later said to have raped the girl in the presence of the boy. When the eleven-year-old presumably killed the girl, investigators are convinced that the 26-year-old was no longer in the home. The man’s involvement in the girl’s death was therefore not part of the charge.
Difficult evidence
What sounds difficult to understand for outsiders is, in the Chamber’s opinion, exactly what happened. The defendant described this version of events to the police shortly after the crime, said presiding judge Christopher Feulner when giving reasons for the verdict on Wednesday. In doing so, the 26-year-old had placed considerable incrimination on himself, and his defense attorney had not yet had access to the files at the time. The court therefore considers the defendant’s statement to be credible.
At the start of the trial, the German repeated his confession and at the same time denied involvement in the girl’s death. He contradicted statements made by the now twelve-year-old. The boy had stated that the defendant urged him to kill the girl because the girl recognized them both.
The court now came to the conclusion that the boy’s statement could not be used “at any point”. The boy gave contradictory information from the beginning, said Judge Feulner. The boy only spoke of the defendant’s involvement in the girl’s death when the police accused him of this. During the trial, an expert also came to the conclusion that no conclusive assessment of the boy’s credibility was possible.
Since there is very little objective evidence about what happened on the night of the crime, the defendant’s confession is of great importance, said Feulner. At the same time, he emphasized that the court was unable to determine the exact circumstances of the girl’s death. “Even if it’s difficult.”
Crisis situation for the home
In addition to rape and serious sexual abuse of children, the man was also convicted of several thefts and burglaries. The defendant also admitted these acts. His defense attorney had argued for a prison sentence of six years.
The lawyers for the girl’s parents, who took part in the proceedings as co-plaintiffs, subsequently described the verdict as “bitter and unsatisfactory”. The father’s lawyer said she wanted the trial to bring more clarity about the defendant’s involvement in the girl’s death. But the public prosecutor largely prevented questions from the home’s employees.
The provider of the home, the Catholic Youth Welfare of the Diocese of Regensburg, announced on Wednesday that the children and employees of the home have been living in a crisis and exceptional situation for a year. They struggled for normality. The home supervision also checked the staffing situation and the qualifications of the employees. “The result of the test was flawless.”
The Hof public prosecutor’s office is still investigating possible misconduct by employees of the home. The verdict now announced is not legally binding.