Germany's constitutional court has rejected an appeal by a man who fathered four children with his sister to overturn the country's ban on incest. The case, which dates back seven years, has been making headlines around the world since the siblings held interviews with the media last spring.
In 2001, Susan Karolewski, then 16, gave birth to a boy whom she named Eric. Unfortunately for Karolewski, her bliss at the birth of her child was short-lived. It was soon revealed that the father of the child was none other then Karolewski's 26-year-old brother, Patrick Stuebing.
As a result of their alleged moral misdeeds, Stuebing and Karolewski were both arrested and tried in Leipzig District Court under paragraph 173 of Germany's criminal penal code, which states that it is illegal for close relatives to engage in sexual intercourse. During the hearing, the prosecution said that between January 2001 and August 2001, Stuebing "had sexual intercourse with his sister 16 times." Stuebing was found guilty and received a one-year suspended prison sentence. Because she was a juvenile, the court ordered Karolewski placed in the care of youth services. The couple's infant son, who suffers from severe physical and mental disabilities, was placed in a foster home.
The case might have ended there; however, Stuebing and Karolewski continued their forbidden love affair, and the couple had two more children together before 2004. Their second child, a girl, was born with physical and mental disabilities, much like their first child. The couple's third child, also a girl, had no obvious mental disabilities, but was born with a heart condition.
Police rearrested Stuebing, and he had another trial in 2004. This time, Stuebing was sentenced to 10 months in prison, and Karolewski was placed in the care of a social worker. As with their first-born child, the couple's two baby girls were placed in foster care.
While Stuebing served out his prison term, Karolewski gave birth to the couple's forth child, a healthy baby girl. As a result, the couple was again charged and convicted under paragraph 173. Stuebing received an additional 14-month sentence, while Karolewski was again placed under supervision. However, unlike the stipulations of their previous convictions, the court allowed Karolewski to care for the couple's forth child because she was born without mental or physical impairments.
As Stuebing served out his sentence, his sister had a child with another man; however, that relationship did not blossom, and Karolewski was back by her brother's side when he was released in November 2006, pending an appeal his lawyer filed before the Federal Constitutional Court.
During a March 2007 interview with News.BBC.co.uk, Stuebing and Karolewski said they were raised separately and did not meet until 2000, when Stuebing tracked down his mother.
"When I was younger, I didn't know that I had a brother. I met Patrick, and I was so surprised," Karolewski said.
Shortly afterward, the couple's mother died. At that point, they began to develop an intimate relationship.
"We are like normal lovers. We want to have a family. Our whole family broke apart when we were younger, and after that happened, Susan and I were brought closer together," Stuebing told News.BBC.co.uk.
Despite their desire to have an open relationship, the constitutional court last week rejected Stuebing's claim that paragraph 173 be overturned because it is unconstitutional to punish adults who have consensual sexual relations. In making the ruling, the court stated that sexual relations between siblings "do not affect them exclusively, but also can have an effect on family and society and have consequences for children who arise from the relationship."
As a result of Thursday's ruling, Stuebing will now have to serve out the remaining 16 months of his prison sentence. Only time will tell if Stuebing and Karolewski will abide by the reaffirmed law or if they will continue to live like "normal lovers."
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