Nachdem die Vorwürfe gegen den Geschädigten bekannt wurden, wurde auch
seine Identität im Internet veröffentlicht – inklusive seiner
Handynummer, die auf dem Messenger-Dienst Snapchat kursierte. Im
November 2021 nahm die Angeklagte dann über WhatsApp Kontakt zu dem
Mann auf. Dabei soll sie ihm auch gedroht haben, dass er nirgendwo
mehr hingehen könne, „ohne auf die Fresse zu kriegen“, so die Anklage.
Stadtpark-Vergewaltigung – Frau hetzt gegen Beschuldigten: „Ekelhafte Missgeburt“ (City park rape – woman incites against accused: “Disgusting monster”)
As per Google translate:
After the allegations against the injured party became known, his
identity was also published on the Internet - including his cell phone
number, which was circulating on the messenger service Snapchat. In
November 2021, the defendant then contacted the man via WhatsApp. She
is also said to have threatened him that he would no longer be able to
go anywhere “without getting kicked in the face,” according to the
prosecution.
(The "injured party" in this case being the juvenile delinquent).
This is an excerpt from the "Morgenpost". The article describes that personal details of the juvenile rapist (16, so not a "man" as far as German law is concerned but an adolescent) where published including his phone number, and that the woman who was later sentenced, and who had no personal connection to either the rape victim nor the rapist, wrote him personal messages to the effect that he "would not be able to go anywhere without being kicked in the face".
So this was not about insults uttered to a public audience, but threats directed against the person specifically. German law usually seeks to deter vigilantism. The woman also refused to appear to two of her court hearings, which I would speculate limited the options for the judge further.
She was sentenced to "Freizeitarrest", detention in jail for the weekend as to not interfere with school or work. It probably does not feel a lot different to the person in question, but is legally different (for one it means the woman was sentenced as a juvenile as well, and it will not become part of any police record). Also during Freizeitarrest you are not in a regular cell and do not have contact to inmates. Freizeitarrest is supposed to be a deterrent by giving an idea how unpleasant jail time can be, although its effectiveness is debated.
So, to answer the multiple parts:
- did the German justice system convict
Not sure, really. The articles say "richterliche Anordnung". I think a judicial order that bereaves someone of their freedom is always the result of a conviction (there are other kinds of Anordnung that are not), but I am not firm enough with legal terms to say this with any certainty.
- a woman for insulting a person
At least it was not just for insulting him, there was also a threat with physical violence send directly to him via his phone.
Yes (as far as I can make it out these were multiple smaller gangs, not one large gang of ten people, but that is probably not very relevant). The rapist was an adolescent himself, which it not part of the question but was legally relevant for sentencing.
- If so, did she receive a harsher sentence than the rapist?
It probably felt to her that way, yes. Legally no. One weekend of Freizeitarrest does not leave a police record, does not require long term supervision by a probation officer and does have none of the restrictions probation brings with it. It is in almost all respects easier than a sentence on probation except that you actually see the inside of the jail, albeit not in the same cells as actual criminal convicts. It is not a crimimal punishment, it is what judges might use for minors and adolescents when they feel a criminal punishment is not warranted but a mere telling off is not enough.
(For a bit of clarification, there is some apparently some ambiguity in the word "harsh". Google gives as first meaning "jarring to the senses" and in that sense the weekend in jail is certainly harsher because most people would tend to agree with the woman. I used the more plain meaning of "severe" in terms of freedoms removed, given that probation does not mean "do what you want", and future prospects, which will be limited for the convicted rapists by their police record).
