Herbert Becker (justice victim)
Herbert Becker (* 1940 ) is a German justice victim. He was innocent in prison for seven and a half years following a false testimony by his daughter that led to the court miscarriage of justice . He had been sentenced to imprisonment in 2004 by the Halle Regional Court for raping his daughter .
At the main hearing, the 21-year-old daughter presented herself as the victim of a constantly drunk father, accompanied by her doctors, who certified that she was severely traumatized by the alleged rape. The case seemed clear to the Halle district court, although the other family members had all testified in favor of the father. The court trusted in their own expertise and the information provided by the doctors, dispensed with a testimony of the daughter and sentenced Herbert Becker to ten years in prison.
Only when the daughter accused other men of rape in the following years and the allegations became more and more absurd did the public prosecutor's office have the woman appraised. In his report in 2009, the psychologist in charge did not consider her credible and suspected a personality disorder. But nothing happened, Herbert Becker remained in custody. It was not until 2011, the criminal defense lawyer Johann Schwenn became aware of the case and the resumption requested the proceedings, Becker was the district court Magdeburg acquitted subsequently 2012th In the opinion of the court, the alleged acts never occurred.
In the process of the retrial, the psychiatric expert was shocked by the sloppy actions of the doctors, on whose statements the conviction in 2004 was mainly based. The doctors had treated the daughter for post-traumatic stress disorder, but never objectively determined whether the trauma - the rape - actually existed. The daughter had always refused gynecological examinations. It was therefore not clear from the files whether she was still a virgin in 2004.
Herbert Becker suffered a heart attack while in custody and a stroke after his release .
literature
- Thomas Darnstädt : The judge and his victim - When justice is wrong , Piper Verlag 2013, ISBN 978-3-492-05558-1 , page 143
Individual evidence
- ↑ Misjudgment: 7 years innocent in prison ; in: ARD-Magazin Panorama from 23 August 2012
- ↑ a b Misjudgment: 7 years innocent in prison (summary of the TV report) ; in: ARD-Magazin Panorama from 23 August 2012
- ↑ Misjudgment: 72-year-old unjustly imprisoned for seven and a half years ; in: Mitteldeutsche Zeitung from June 15, 2012
- ↑ I waited 7½ years for this Christmas ; in: bild.de from December 23, 2012
| personal data | |
|---|---|
| SURNAME | Becker, Herbert |
| BRIEF DESCRIPTION | German justice victim |
| DATE OF BIRTH | 1940 |