Anal sex among gay siblings is allowed. Heterosexual siblings are being punished by law for the same behavior. This was not only an illegal interference with his private and family life but also even discriminatory, according to a 34-year old Leipzig and goes up before the Court in Strasbourg.
The now 34-year-old Patrick grew up in an orphanage. After the age of majority, he went in search of his mother. About this he learned that he had a sister named Susan, in which he fell in love and with whom he had four children in a row. Once, however, had experienced the youth office of the incest case, it took the children in foster care. Patrick in 2005 by the Leipzig district court for violation of Section 173 of the Penal Code and sentenced to one year four months' imprisonment. Sure, one would think: after all, incest - that the sexual intercourse between blood relatives - are prohibited. Patrick wanted to, however, so do not accept: He turned against the German Federal Constitutional Court, which, however, rejected in 2008 and his Complain also increased the sentence by one year.
Patrick will still not give up: After all, would be banned under German law of vaginal intercourse between blood relatives, but not such as the anal intercourse. Gay siblings would therefore be able to practice their love with impunity. The decision is now before the European Court of Human Rights in Strasbourg, because the German legislative provision was a disproportionate interference with his private and family life and also discriminatory, says Patrick. Also in Spain, France, the Netherlands or Portugal would therefore not forbidden incest. The Strasbourg decision is eagerly anticipated: either the action is dismissed, or the entire paragraph is considered to be of human rights and should be repealed. Then would be incest relations in Germany (and Europe) will no longer be punishable. The third possibility is that only the condemnation is lifted from Patrick. Although only then should his trial be reopened, which would result in similar cases, but probably to a considerable legal uncertainty.
Source: Gaywien.at
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