The Kassel-based evolutionary biologist Ulrich Kutschera has finally been acquitted of the accusation that he insulted homosexuals.
As the Frankfurt Higher Regional Court announced on Tuesday, it has rejected the appeal by the Kassel public prosecutor against the acquittal of the Kassel Regional Court for Kutschera.
In 2017, the former professor at the University of Kassel spoke on the online portal kath.net about “marriage for all” and a possible adoption right for same-sex couples.
In the interview, he described homosexual couples as "a-sexual erotic associations" and warned of a possible "horror child molester scenario" with regard to adoption rights.
Several people then reported against Kutschera for insult.
Sasha Zoske
Sheet maker in the Rhein-Main-Zeitung.
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In the first instance, the district court in Kassel sentenced him to a fine of 6,000 euros in 2020.
The district court, on the other hand, acquitted Kutschera in 2021 of the allegations of insult, slander and hate speech.
The judges in Frankfurt have now confirmed this verdict.
The district court correctly ruled that Kutschera's statements did not affect the personal honor of individuals and were covered by freedom of expression.
Also, in the case of the interview, the evaluative components could not be separated from factual statements without the meaning of Kutschera's words being distorted.
According to the Higher Regional Court, the sometimes polemical and exaggerated statements made by the accused as "part of the intellectual battle of opinions on a question that affects the public significantly" should not be regarded as abusive criticism.