Sexual prosecutions are based mainly on testimonies, and often tend to come to an end when it comes to judging the credibility of a single incriminating testimony. This assessment of credibility must be comprehensible and must not be based solely on a - not representational - gut feeling of the judge. Criminal defence in sexual offences is therefore based on the case law of the supreme court, which streamlines the assessment of witness evidence by the judges, e. g. the important decisions of the Federal Supreme Court from 1998/1999 in Volumes 44 and 45 (BGHSt 44,153; BGHSt 44,256; BGHSt 45,164).

With a decision on principles of 11 June 2013 (5 StR 246/13) the Federal Supreme Court of Justice (Bundesgericht) has again revoked a conviction of the Regional Court of Saarbrücken for rape within the meaning of § 177 StGB. In the same case, the court of first instance judgement was annulled for the second time because of deficiencies in the evaluation of evidence.

Decisive factors often are the insufficient examination of the formation of witness-statements and the testimony of the witness and the fact that there is a revenge motive of the witness.

we have permanent practice in criminal sexual proceedings

We have a permanent practice of criminal defence in sexual offences. We are very successful with the careful analysis of testimonies in sexual criminal law. A series of recent acquittals confirms our work.

• Court of Justice in Düsseldorf (101 Ls - 70 Js 2198/17 - 39/17));
• Court of Justice in Düsseldorf (133 Ls 70 Ls 1370/16-145/16);
• Court of Justice in Düsseldorf (137 Ls 70 Js 15533/15-106/16).

we always try to avoid a trial !

Nevertheless, we always try to avoid a trial before the criminal court. In many cases, we achieve that the public prosecutor's office already completely terminates the investigation procedure for a sexual offence. Often we also apply successfully for the court not to open the main proceedings after the charges have been brought.