A trans-identified male from Troisdorf, Germany, is facing charges after attacking multiple women in two disturbing incidents involving knives and exhibitionism. But a debate is now raging in court as legal experts weigh whether the man, who identifies as a “woman,” can be charged with exposing his penis, a crime only males can be prosecuted for.
The man, 56, is scheduled to stand trial in Bonn for threats and grievous bodily harm related to two incidents, one from 2021 and one from 2022. Due to Germany’s strict privacy laws, the man’s full name has not been released, but he will be referred to as “Klaus” for the purposes of this article.
In August of 2021, Klaus followed a woman home and attacked her while she was at her front door. Klaus is alleged to have grabbed her from behind and held a knife to her throat while he wrangled her boots off. The woman fought back, suffering cuts to her neck and hands, and was able to send her attacker fleeing thanks to her loud cries for help. Klaus was wearing women’s clothes at the time of the attack, and is said to be a women’s shoe fetishist.
The next year, in December, Klaus exposed his penis to two women on a train. The regional court in Bonn must now decide whether this was a sexual offense, as Section 183 of the German Criminal Code only imposes a fine or a prison sentence to men for exhibitionistic acts. Because Klaus is legally considered “female,” he may avoid this charge entirely.
The uncertainty is the result of Germany’s recently-passed gender self-identification law, which is considered by many to be the most relaxed legislation of its kind in the world. In 2022, well-known criminal defense attorney Udo Vetter warned about the impact the law would have on criminal proceedings, writing on social media that: “Section 183 of the Criminal Code only applies to men. If a man uses self-ID to become a woman, he can no longer commit a criminal offense for exhibitionism.”
The verdict on whether Klaus can also be convicted of exhibitionism is expected within the next two months.
Klaus has an extensive criminal history stretching back years. According to the General-Anzeiger, which referred to Klaus as a “woman,” a reading of his past criminal record took the court over two hours.
In October of 2008, Klaus attacked a 52-year-old woman, violently pulling her to the ground and sitting on her so he could rip her boots off her legs. According to a news article on the incident, Klaus admitted to becoming aroused when he put the boots on after fleeing to a nearby forest. During the subsequent police search, investigators found a whole collection of women’s boots at his home.
The next year, he attacked a 54-year-old woman who was heading home from carnival celebrations dressed as a female pirate in order to steal her boots. When she fought back, he strangled her, cut her face with a knife, bruised her upper body, and fled. He claimed at the time that he had only been able to commit the assault because he had been allowed to walk free from his 2008 crime.
Klaus was ultimately sentenced to two years and four months in prison after being convicted of aggravated extortion and grievous bodily harm. At the time, the court also recommended he be confined to a permanent placement in a psychiatric institution after hearing expert testimony from a psychiatrist who labeled him dangerous and at risk of escalating his behavior to more serious acts of violence.
On the witness stand, Klaus reported that his obsession with women’s footwear had started with his mother’s clothes, and, when he was just 19 years old, he attacked a woman to steal her boots. His parents are said to have sent him to therapy in vain.
His stay in the psychiatric clinic lasted around 7 years and, while confined to the facility for his criminal convictions, Klaus changed his legal sex and received breast implants. Disturbingly, due to the laws in place at the time, Klaus would have had to receive the approval of two mental health professionals to proceed with his legal sex change.
Germany’s new Self-Determination Act (SBGG) comes into effect in November. The law, which was met by overwhelming backlash from women’s rights campaigners, established “gender identity” as a protected characteristic and allows parents to change the sex marker on their children’s documents from birth. The SBGG also creates the potential for citizens to be fined up to €10,000 (approx. $11,500 USD) for revealing a person’s given name and birth sex without their permission – an action that trans activists staunchly oppose and refer to as ‘deadnaming.’
The SBGG allows individuals to change their legal sex and name without any diagnosis of gender dysphoria, and does not discriminate against those with criminal records. Even convicted sex offenders such as rapists, pedophiles, exhibitionists and voyeurs can easily change their legal sex and first name at a registry office.