If someone in Bremen or elsewhere is confronted with an allegation of rape, the person concerned suddenly finds themselves in an extremely stressful situation. It is not only a matter of possible prison sentences of several years, but also the risk of being completely isolated socially and professionally - and this is often due to the mere initial suspicion alone.
One thing is particularly important at times like these: professional and non-judgemental Criminal defence, regardless of whether someone is innocent or guilty. As specialised criminal defence lawyers, we at our law firm consistently protect the rights of the accused - objectively, fairly and on an equal footing with the investigating authorities.
1. first confrontation with the accusation - what to do?
In practice, suspects often find out that they have been charged with a sexual offence through a police summons or a so-called "Gefährderansprache". In more serious cases, they may also be arrested and remanded in custody.
Especially in the first phase, behaviour is crucial. The three golden basic rules are
- Silence!
- Keep calm!
- Contact an experienced criminal defence lawyer immediately!
In the Bremen area in particular, we regularly assist clients who are suddenly confronted with the accusation and find themselves in a veritable state of emergency. Our task is to provide stability and protection through cool heads and expertise.
2. the legal basis and the development of § 177 StGB
Rape in the sense of criminal law occurs when sexual acts are carried out against a person's recognisable will - especially if they involve penetration of the body. The central paragraph is Section 177 StGB. The principle has applied since the law was amended in 2016: „No means no“.
This means that physical violence or threats are not the only grounds for criminal liability. It is sufficient if the opposing will of the person concerned was recognisable - for example through verbal objection, crying or defensive behaviour. This paradigm shift has significantly changed the requirements for the behaviour of all parties involved - also and especially in the context of investigations.
3. testimony against testimony - the challenge of providing evidence
Probably the greatest difficulty in rape proceedings lies in the evidence. In many cases, there are only two different accounts - that of the alleged victim and that of the accused. Traditional evidence such as witnesses, videos or forensic evidence is often missing. This is the typical „Statement-against-statement constellation“ before.
The courts are then obliged to examine particularly carefully whether a conviction is possible on the basis of a single statement. In practice, this constellation often leads to Hiring or acquittals, if there is no clear conviction of guilt. In Bremen, as well as nationwide, the acquittal rate in sexual offence cases is significantly higher than the average for other offence groups.
4. false accusations and pseudo-memories
As sensitive as the topic is: False accusations are made with above-average frequency in rape proceedings. The causes range from deliberate revenge - for example in break-up situations - to unconscious deceptions that are based on Pseudo-memories (False memory syndrome) are based on.
Especially in a therapeutic context, suggestion or misinterpretation can lead to memories of experiences that never happened. In such cases Testimonial psychological reports play a central role. These expert opinions help to objectively and independently assess the credibility of statements - an essential tool in modern criminal defence.
5. proceedings and defence - special features in sexual criminal law
Accused persons in rape proceedings often face a number of additional challenges: DNA expert reports, accessory prosecution, adhesion proceedings (civil claims for damages in criminal proceedings), media coverage and, in rare cases, even the consideration of preventive detention.
In addition, sexual offences are often not reviewable in second instance, as they are heard directly by the regional courts. This means that an error in the establishment of facts cannot be corrected by an appeal - the only option is an appeal to the Federal Court of Justice, which only examines errors of law.
This makes a structured, strategic defence all the more important from the outset.
Conclusion: Professional criminal defence without prejudice
Anyone accused of rape in Bremen or the surrounding area finds themselves in one of the most difficult situations of all. In addition to the threat of punishment and public pressure, personal integrity is also at stake.
As criminal defence lawyers, we are involved in such proceedings unbiased and without prejudice on the side of the accused - regardless of whether the accusation ultimately proves to be justified or unfounded. Our goal is always: a fair trial, a careful examination of the evidence and the best possible protection of your rights.
If you are confronted with an allegation of rape, do not hesitate to contact us. We are at your disposal in Bremen, Sulingen, Osnabrück or online - discreet, experienced and committed.
FAQs on the subject of accusations of rape
1. what should I do if I am accused of rape in Bremen?
Keep calm, do not make any statements to the police and contact a specialised criminal defence lawyer immediately. This is the only way to effectively protect your rights.
2. can I also be convicted of a false accusation?
Unfortunately, yes - if there is no professional defence. Careful analyses of evidence and psychological expert opinions are essential, especially in testimony-against-testimony cases.
3. how likely is a conviction in the case of testimony against testimony?
The courts must be certain that the accusation is true. If reasonable doubt remains, the accused must be acquitted. Many proceedings end in acquittal or dismissal.
4. are there special defence strategies in sexual offence proceedings?
Yes, the defence often focuses on contradictions in statements, psychological reports, forensic evidence and a well-founded legal assessment of the overall situation.
5. do you also take on cases outside Bremen?
Yes, we represent clients from all over Lower Saxony and nationwide - also in Sulingen, Osnabrück or online via video counselling.
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