The Berlin Police announced that on Thursday afternoon a boy at a school in the Tiergarten district was insulted and assaulted by another child. According to initial findings, the ten-year-old, during a break in a classroom around 12:00 p.m., was first subjected to homophobic remarks by a female classmate. He is said to have been kicked in the rib area and strangled around the neck.
The ten-year-old boy sustained a neck injury from the incident. A guardian then picked him up from the school and filed a police report. The state protection division of the State Criminal Police Office, which investigates crimes motivated by queer-hostile animus, was informed by authorities.
Suspects are not criminally responsible
In Germany, children under 14 are legally incapable of criminal responsibility, and cannot be prosecuted under criminal law. The police will nevertheless document the facts, secure evidence, and determine who was involved. Once it is established that the accused was under 14 at the time of the offense, the public prosecutor’s office formally terminates the case.
Nevertheless, an offense can have consequences: The police standardly inform the appropriate youth welfare office (Jugendamt) in cases involving minors. The Jugendamt will contact the parents and the child to evaluate the family and social situation. In serious offenses or in cases of repeated concerning behavior, the family court can be involved. In extreme cases, this court can revoke parental custody. Moreover, being legally immature does not automatically shield someone from civil liability for damages.
There are frequent reports from Berlin about anti-LGBTQ+ assaults, as the state police publicly highlights hate crimes based on sexual orientation or gender identity, leading to relatively high public disclosure of such incidents. The police and the prosecutors in the capital have dedicated contacts for queer people.
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