Story By: Michael Leidig, Sub Editor: Joseph Golder, Agency: Central European News 

A maverick judge has jailed a Polish man for raping and robbing a woman even though prosecutors asked for charges to be dropped.

The court in Frankfurt had heard how the accused, identified only as Florim V. because of local privacy laws, claimed he had met his 41-year-old victim in the German city of Frankfurt’s Bahnhofsviertel district located near the main train station.

It has a lively nightlife and the 28-year-old said the woman had been partying and drinking when she met him.

He had then travelled back with her to her home in the middle-class neighbourhood of Sachsenhausen where repeatedly raped her before stealing jewellery and cash as well as her television when he finally left. He claimed that she had been kissing him in the taxi.

However, prosecutors say that the man who had a criminal record for theft had broken into her house where he found the 39-year-old woman lying on her bed having taken a cocktail of antidepressant tablets, pain tablets and alcohol.

Finding her defenceless, they said he had raped her repeatedly, then rampaged through the flat stealing 700 EUR in cash as well as jewellery and items of laundry as well as a 55-inch television which he put under his arm.

He was caught however because of DNA left behind which was a match with DNA provided for his earlier conviction for theft.

However, when the case was brought to trial the woman said she could remember very little, and he had admitted having sex with her but saying that it was consensual, and frequent because he was very “potent”.

The woman said that she suffered flashbacks from the incident and could only really remember that when she woke up she had extreme pain in her lower regions, and there was blood between her legs.

After hearing the evidence, prosecutors decided to throw in the towel saying: “It is not possible to prove the case against him.” They suggested that a deal be done with the defence that would see him punished for the theft of the TV.

The defence also admitted that what had happened was “disgusting” adding: “There was certainly a lack of decent behaviour evident here”.

Local media reported the Polish man was grinning broadly up until that point when the judge rejected their submissions, and instead jailed the man for two years and six months for the crimes of theft and rape.

Announcing his decision he said: “For me this is rape. You knew that she was not in control of all her senses, and you took advantage of her situation.”

The accused has the right to appeal the verdict which is therefore not yet legally binding.

The woman’s husband who was living separately from her at the time confirmed that she suffered from depression and that sometimes it was severe which is why she had been taking the tablets.

On the occasion when she has attacked the tablets had not been working, and she had decided to accept a friend’s invite to the party and had become even more depressed because there were couples everywhere and she was the only one that was alone.

She said she remembered little after deciding to get the tram back home until waking up the next day without any clothes on and in severe pain.

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