Man Spared Jail Time For Raping Male Victim After Claiming “I Am Not Homosexual”

Oktoberfest attacker blames beer and “spontaneous affection.”

A man who raped another man at Oktoberfest in Munich has had his punishment reduced after claiming that he isn’t gay.

MUNICH, GERMANY - SEPTEMBER 19: A reveller spills beer as he tries to empty his stein in one sitting at the Hofbraeu tent on the opening day of the 2015 Oktoberfest on September 19, 2015 in Munich, Germany. The 182nd Oktoberfest will be open to the public from September 19 through October 4 and will draw millions of visitors from across the globe in the world's largest beer fest. (Photo by Philipp Guelland/Getty Images)
Philipp Guelland/Getty Images

The attacker, a 38-year old Ukrainian lawyer known only as Sergeii C, forced his victim to perform oral sex on him at last year’s German beer festival, Daily Mail reports. His victim, a 32-year-old American man, was unconscious at the time.

Although the rapist admitted to the crime in court, he claimed that he did not remember the incident and must have developed “spontaneous affection” after drinking about 10 pints of beer.

Men in Lederhosen on the Oktoberfest in Munich, Bavaria, Germany
Getty Images

“I cannot explain it to myself,” he told the court. “I am not homosexual.” He added that he “would have never done it” unless he believed the encounter was consensual.

The man was subsequently given a two-year suspended sentence as punishment for the crime.

Two men toasting with beer steins
Getty Images

Two Spanish tourists who witnessed the attack initially mistook it for a robbery. “He grabbed the victim in the leather pants at the front,” one witness told the court.

There were 31 sex crimes reported at last year’s Oktoberfest, 10 more than the previous year.

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