CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Monday, February 26, 2007

CrimProf Knut Amelung Will Represent Siblings Fighting German Incest Law

From A German brother and sister who live together and have had four children have filed an urgent suit with Germany’s constitutional court demanding the “right” to incest and have retained retired University of Dresden CrimProf Knut Amelung as their legal counsel.

Patrick S, 30, has already received a suspended jail term for incest, followed by a 25-month actual jail term. He now faces a 30-month sentence because he has continued the relationship.

He and his sister Susan K, 22, have posed in the German media for romantic photos together. She has also received a first conviction of incest and was placed on probation for one year.

They did not grow up together, but first met in 2000 when Patrick S, who had been adopted, looked up his birth mother and first met his sister. The relationship began when the sister was 16. Under German law, incest is only punishable after the age of 18.

Of their four daughters aged between 5 years and 22 months, two were born with handicaps, but prosecutors have been unable to prove this had genetic origins.

The spokeswoman said the court in the city of Karlsruhe which decides whether German laws conform with the constitution would issue a provisional ruling quickly on whether to stay the term of imprisonment.

CrimProf Knut Amelung will argue that a ban on sex between siblings breaches their civil rights and is a “relic of the past.” An appeal court in Dresden rejected an appeal by the man last month.

Rest of Article. . . [Mark Godsey]

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