Violent and sexual offences

1What is it about?

Violent offences include bodily harm (§ 223 StGB), dangerous and grievous bodily harm (§§ 224, 226 StGB), coercion, threats and stalking (§ 238 StGB). Sexual offences, such as sexual assault under § 177 StGB, are among the allegations with particularly serious personal and professional consequences.

Frequently it is one person’s word against another’s. The credibility of the statements and the genesis of the testimony, that is, how the statement arose and developed, are then central. At the same time, the situation is sensitive for everyone involved: accused persons are entitled to a fair trial, and victims to protection and appropriate treatment.

2Typical case scenarios

• Bodily harm after a dispute, within the family or in nightlife settings.
• Allegation of dangerous bodily harm, for example involving the use of an object or joint commission.
• Allegation of sexual assault, often one person’s word against another’s.
• Stalking, threats or domestic violence with no-contact orders under the Protection against Violence Act (Gewaltschutzgesetz).
• A report following the end of a relationship or in a custody dispute.
• Victims seeking advice and representation as joint plaintiffs (Nebenkläger).

3Frequently asked questions

4How the proceedings unfold

1. ReportQuestioning of the victim, medical documentation, where applicable interim protective measures.
2. Questioning of the accusedAfter access to the case file through the defence lawyer, securing of evidence.
3. Intermediate proceedingsIndictment or discontinuation, where applicable expert report on credibility.
4. Main hearingQuestioning of the victim as a witness, frequently with the public excluded.

5What requires particular attention

• Avoid any contact with victims, including via social media or acquaintances.
• Preserve message histories; they can be decisive. Do not delete anything.
• Observe no-contact and restraining orders; a breach can give rise to separate criminal liability.
• Do not speak on the matter without a defence lawyer.

6How we defend you

We first go through your case discreetly and calmly and carefully analyse the file, in particular the genesis of the testimony and the state of the evidence. We examine alternatives such as self-defence, consent, lack of intent or doubts about credibility.

On behalf of victims, we act as representatives of joint plaintiffs, accompany questioning and arrange protective measures. On behalf of accused persons, we defend in a factual manner, without prejudgement, and seek routes such as offender–victim mediation where possible.