Convicted gang-rapists in Germany appeal despite being spared prison

Eight of the nine young men found guilty of raping a minor at a festival in Hamburg had been given suspended sentences

A number of men found guilty of gang-raping a 15-year-old girl in Germany three years ago have appealed their convictions, despite all but one of them controversially receiving suspended sentences, it was reported on Wednesday.

The shocking attack took place in Hamburg in September 2020, when the victim attended a festival in a local park. According to prosecutors, the girl was heavily intoxicated and was taken into a bush by four men, who then performed sexual acts against her will. One member of the group also stole her phone and wallet.

After the initial ordeal, the 15-year-old was then preyed upon and raped by two other men. She then wandered into the arms of another man, who also raped her. Finally, three more individuals took her into the bushes again, but it is unclear whether they all perpetrated a gang rape.

All the suspects were between 19 and 23 at the time of the attacks. While ten men were prosecuted in the case, the court acquitted one because there was no evidence that he had taken part in the wrongdoing.

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A total of five of the ten defendants had German citizenship, according to local media, while the others included a Syrian, a Montenegrin, a Kuwaiti, an Afghan, and an Armenian.

The trial, which was conducted in juvenile court, hinged mostly on circumstantial evidence, with no direct witnesses. Two videos allegedly depicting the crime were deleted before investigators could access them. The only objective evidence was DNA traces implicating nine of the defendants.

As a result, eight defendants were sentenced last week to between one and two years’ probation, while one received nearly three years in prison. However, several of the convicts have now filed an appeal, with the final decision resting with the Federal Court of Justice.

The verdict, which many felt was too lenient, triggered public outrage, with court officials complaining of a wave of personal attacks. Others disagreed, with one local media outlet declaring the trial “a success for the Hamburg justice system,” arguing that the perpetrators could have escaped punishment altogether had it not been for recent changes in the law.

Meanwhile, German psychiatrist Nahlah Saimeh went even further, telling Der Spiegel last month that the gang rape had been a way for the perpetrators to vent their “frustration” at their “migration experiences and sociocultural homelessness.”