Please prevent discontinuation of my rapecase despite DNA-evidence

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Almost six years ago, in the night of 19 April 2013, my life changed very suddenly. The evening that started with a nice party together with my friends in a well-known club in Munich ended with rape in the park opposite the club. I still have a 2-hour blackout and have no clue how I got into the park. Someone put a rape drug in my drink and made sure I was easy prey. I vaguely remember some hazy images when I slowly came round – some bushes and two men sexually abusing me.

On my way home in the tram, tears ran down my face, I felt miserable, I didn't know what had happened. When I was examined by a forensic doctor about 10 to 12 hours after the crime, no traces of the rape drug could be found any more, but there was still an elevated alcohol level in my blood and they found the DNA of one of the perpetrators. Unfortunately, there was no match in their database. The police didn’t believe my story. 10 months later the case was closed because gaps in my memory meant I wasn’t able to provide a precise description of the perpetrator.

The German victim support organisation “WEISSER RING” believed my story. I received support and a lawyer. Thanks to him, I could appear as a joint plaintiff and get access to the files. He told me back then that it was possible that the perpetrator would be found and identified on the basis of his DNA in the years to come.

For several years, nothing happened and at some point my hopes died that the perpetrator would ever be found. I started to get involved in publicizing the subject. I gave interviews for newspapers, took part in television programmes and campaigned - especially on behalf of the numerous other victims who are too traumatized to speak out themselves. Then suddenly - at the same time as the German TV programme “37 Grad” in which I took part was broadcast last May – the police found a match in the database. I was very excited and called the prosecutor's office in Munich.

In a half-hour phone call the prosecutor encouraged me. She told me how much she admired my participation in the TV programme, because only in this way could something change in society and thus in the legal system. She assured me that there will be another thorough investigation. She gave me a feeling of solidarity and that she had my back.

For a long time, nothing happened because the suspect could not be found. On 2 January, the prosecutor called me. After wishing me a happy new year, she informed me that the suspect was in custody (due to another offence) and was not giving any testimony regarding my case. She told me that she didn't see a chance for a conviction and would therefore close the case. And that she wanted to apologise in advance because the reasoning in her official letter might sound a bit harsh.

Mainly it sounds very absurd and hardly comprehensible: "The DNA traces are indeed proof that physical contact between the victim and the suspect took place. However, since the victim cannot remember long periods of the night of the crime, it cannot be proven that the suspect is actually one of the two perpetrators. In particular, one cannot be sure that the victim had sexual contact with other men during the night of the crime. Under these circumstances, the suspect is more likely to be acquitted than convicted. There are therefore no grounds for filing a lawsuit."

My lawyer has a very different opinion. He talks about an absolutely scandalous procedure. Due to the fact that the forensic doctor’s report clearly proved that the DNA was identical, he - in contrast to the prosecutor - foresees a very good chance of a conviction. And he is very angry because this is not the first case that this particular prosecutor has rashly closed. He has filed a complaint against the suspension. When he received the requested file in order to justify his complaint, he found that the prosecutor had removed 5 pages from the file and put them in a separate volume. Only following a further request and after waiting a long time did he finally receive this special volume. It contained the report by the forensic doctor in which, among other things, typical rape injuries on my upper arms were documented. A very weird way to handle a case, if you ask me.

Now, I would like to ask all of you for your support so that the General Prosecutor's Office will grant my lawyer's complaint and that similar cases will no longer be so rashly dismissed by prosecutors in the future.

Dear Attorney General Reinhard Röttle, I ask you to reopen the case so that a judge can decide whether or not to convict the suspect. Your website states that, together with the ten public prosecutors' offices in your district, you are committed to ensuring effective prosecution and execution of sentences in order to make sure we and you are able to live safe lives. "We take this responsibility given to us by the legislator very seriously." I appeal to you to stand by your statement and give me back the hope of justice.

Thank you in advance for your support!

Nina Fuchs