Not guilty verdict in Jörg Kachelmann (false?) rape accusation trial

The Mannheim District Court acquitted Jörg Kachelmann from the rape charge due to lack of evidence – but there is no peace in sight: Kachelmann’s defending lawyer, Schwenn, harshly criticized the court, women’s rights activists also criticize the trial and Alice Schwarzer demands respect for the moderator’s ex-girlfriend.

The verdict is not yet final, the criminal investigation department will decide whether to appeal the verdict within the week (Der Spiegel)

Die Zeit speaks of a second-class acquittal, saying the 5th criminal division of Mannheim’s District Court […]

‘spared no efforts in trying to support the accusation of rape made by the (moderator’s) ex-girlfriend. However, it failed to do so, on the contrary, the further into the case hearing, the suspicious facts dissipated. And finally, after hearing all witnesses and questioning all experts, the judge only had one option: an acquittal.’

The verdict is "Not guilty" for Jörg Kachelmann

If in doubt, decide for the accused. Jörg Kachelmann was acquitted of the charges of having raped his ex-girl friend. According to the Mannheim court, there was not enough evidence to convict. It was not proven that the 52 year old Kachelmann had threatened the woman with a knife and raped her, in February 2010, after a relationship argument.

Presiding judge Michael Seidling said, the judgment is not based on the court being convinced of Kachelmann’s innocence, nor convinced of a false rape accusation by the accuser. A man could not be convicted by mere suspicion. That suspicion was diminished during the trial, but not totally disproved.

Kachelmann will be indemnified for his time in jail, and the court cost will be paid by the government.

Finally, the international press starts reporting. But no major details

The German press report in great detail. Even rainbow press Bild.de has valuable information

Kachelmann ACQUITTED of rape charge

Kachelmann pensive, his lawyer smiling
Court: in dubio pro reo – star lawyer criticized

The Mannheim District Court has acquitted Jörg Kachelmann of the rape charges placed against him by his ex-girlfriend. It was, however an acquittal due to want of evidence, and this was clearly reflected in the verdict summary: “Today’s acquittal is not based on the fact that the court is convinced of Mr Kachelmann’s innocence and, conversely, of the joint plaintiff having made a false accusation. However, after recording the evidence there is reasonable doubt about Mr Kachelmann’s guilt. He is hence to be acquitted in accordance with the ‘in dubio pro reo’ principle.“ […]

The court also said that the suspicious facts had lost in strength, but not disappeared” during the trial. […]

Kachelmann is to be indemnified for the time he was held in remand. The legal cost will be borne by the state. The 52-eyar old seemed petrified before the verdict was announced. […]

The victims‘ support organisation Weißer Ring now fear that victims will chose not to report a rape, said its spokesman.

Depite the acquittal, Kachelmann will not return to the ARD. “As long as the case has not been closed and verdict is not final, we see no reason to decide on this” an ARD spokesperson said.

The joint plaintiff is considering appealing against the verdict. […]

Chief Judge Michael Seidling said: “We are convinced of having made the correct decision from a judicial point of view. But we are not satisfied by it. We are releasing the accused and the joint plaintiff with a potentially permanent suspicion; him of being a potential rapist, and her of being a potentially vengeful liar. (…)” […]

[Feminist} Alice Schwarzer: One must continue respecting the potential victim. Maybe she said the truth, maybe she did not. One can not know. Bild.de

Justice  has NOT been done yet

Justice has not been done yet.  A strange accusation ruined the life of a successful prominent man. In typical fashion, as it exists only in rape accusations, he was jailed for 4 months, on the mere accusation of a single woman, with not a shred of proof.  His girl friend of over 10 years was allegedly raped exactly on the day she allegedly found out he was unfaithful and they split, after an argument. 

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