Case 11

CASE N°
11
Title
Human Trafficking and Prostitution, Pimping
CONTRIBUTOR
HfÖV/IPoS
Assessed case number:
ECLI:DE:BGH:2018:080218U3STR274.17.0
Brief description of the case
The district court sentenced the defendants as follows: The defendant A. with acquittal in all other respects for aggravated trafficking in human beings for the purpose of sexual exploitation in combination with pimping in three cases, attempted aggravated trafficking in human beings for the purpose of sexual exploitation in two cases, pimping, dangerous bodily injury in two cases, fraud in two cases, incitement to bodily injury in two cases as well as for intentional bodily injury to a total term of imprisonment of ten years, the defendant B. for aggravated trafficking in human beings for the purpose of sexual exploitation in combination with pimping in three cases, attempted aggravated trafficking in human beings for the purpose of sexual exploitation in two cases, pimping, dangerous bodily injury in two cases, intentional bodily injury in four cases, fraud in three cases, and attempted Fraud to a total term of imprisonment of eight years. It further found that a forfeiture order was precluded by claims of injured persons and both defendants are jointly and severally liable in the amount of 275,224 and, in addition, in respect of defendant A. alone in the amount of €382,108.80. According to the findings of the Regional Court, the defendants, who had already been friends for several years at that time, got together in 2011 or at the beginning of 2012 in order to generate as much income as possible for themselves by economically exploiting unsuspecting women. The accused B. was supposed to take on the role of the "loverboy", establish contact with attractive young women and pose as a man not interested in material things. In order to get the women to enter into a relationship, he made them believe that he was interested in a long-term relationship and later in starting a family. The defendant A. was supposed to take on the role of the mysterious and possibly also not harmless friend of the B., who was closely connected to him. After taking up the relationship with the defendant B., the women were to be isolated from their families, friends and acquaintances, friends and acquaintances in order to limit their social contacts largely to the defendant. Thereafter, all conceivable possibilities were to be used in order to exploit the women economically, whereby in any case, they were to be induced to take up prostitution activities. In the process, the defendants wanted to monitor them closely; the women were to hand over all their earnings. Even if the promise of later founding a family with the defendant B. served as motivation for the prostitution activity, the women were furthermore to be put under pressure - in case of insufficient work performance from the defendants' point of view - by physical assaults or threats thereof and verbal disparagement, and thus to be induced to make greater efforts. If necessary, they were also to be to take out loans, the value of which was collected by the defendants. This in turn - because of the obligation to repay the loan or to pay installments, to which the women alone were exposed - could build up pressure on them, which at least in part was used to persuade them to take up the prostitution in the first place. to get them to take up the prostitution activity in the first place. In the years, the defendants continued their plan to the detriment of four local women of middle-class origin, the joint plaintiffs. Three of them still suffer psychologically from the crime and are also financially ruined as a result of the crimes.
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