German loses Human Rights appeal over incestuous relationship with sister

They had four children, two of whom were handicapped. The couple subsequently
separated and three of the four children are now in care.

After convicting Stuebing of incest several times, Leipzig district court
eventually jailed him in 2005 for a year and two months.

The German courts did not convict Stuebing’s sister, considering that since
she suffered from a personality disorder and was very dependent on him, she
was only partially liable, the Strasbourg ruling noted.

Stuebing appealed his conviction and when he lost there, turned to Germany’s
constitutional court. When that court rejected his case he went to the ECHR.

The Strasbourg court noted that there was no consensus on the issue.

Nevertheless, it argued, ” … all the legal systems reviewed, including
those which did not impose criminal liability, prohibited siblings from
getting married.

“There was therefore a broad consensus that sexual relationships between
siblings were neither accepted by the legal order nor by society as a whole,”
said a statement from the court.

Source: AFP

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