Prison for consensual gay sex: the last 175 prisoner was only released from prison in 2004 after serving a ten-year sentence. Manuel Izdebski on an incredible story and the insanity of the Criminalisation.
The Federal Republic sentenced around 50,000 gays after Section 175 of the German Criminal Code because of their homosexuality. It was not until 1969 that consensual sex between adult men was no longer punishable - at that time, adult still meant at least 21 years old.
However, the paragraph remained in a youth protection version until 1994 and provided for a different age of consent for heterosexual and homosexual contact: While homosexual acts with minors were generally prohibited, an absolute age of consent of 14 years applied to heterosexual contact.
An additional 4,500 convictions were handed down between 1969 and 1994. One of the victims of this criminalisation was Frank Schneider*, who was sentenced to ten years in prison in a spectacular appeal trial in 1994. His offence: He had consensual sex with a 17-year-old teenager on several occasions when he was in his early 30s.
The last 175 prisoner of the Federal Republic of Germany
Schneider is regarded as the last 175 prisoner in the Federal Republic of Germany. He was only released from prison in 2004 after serving his entire sentence. Three petitions for clemency and several applications for early release after serving two thirds of his sentence were rejected by the judiciary. The fact that his offence was no longer a criminal offence only a few months after the trial due to the abolition of Paragraph 175 was of no consequence, as Schneider had a relevant previous conviction: he had already been convicted once for having sex with a 16-year-old teenager - not a criminal offence for heterosexuals.
"While we were already dancing at a CSD, others of us were still in prison," comments historian Alexander Wäldner on the case. He has been researching the persecution of homosexuals for 15 years. He became aware of Frank Schneider's fate by chance: "We didn't even think that someone could still be in prison," he says.
Schneider now lives a secluded life far from home in a foreign city. He is an early retiree and has to supplement his small pension with basic income support. The conviction has destroyed his middle-class existence. All his possessions were liquidated during his imprisonment. As a convicted sex offender, he was never able to regain his footing and find a job. He declined an interview request despite assurances of anonymity. Schneider does not want to remember this dark chapter of his life story. Alexander Wäldner kept in touch with him via a third party. He describes him as a man from a humble background who earned his living as a labourer before his prison sentence and had never developed a gay identity. His simple education also proved to be a disadvantage during the trial. "Others would have been able to present themselves better in court," explains Wäldner.
The insanity of criminalisation
Schneider's fate bears witness to the insanity of criminalisation. The German judiciary once again used him to harshly persecute homosexuals, just a few months before the final end of the notorious paragraph.
Schneider is one of the groups of cases that can claim compensation as a victim of Paragraph 175, according to the key points paper by Federal Minister of Justice Heiko Maas. The Bundestag must now pass a corresponding law that also rehabilitates the convicted men.
"You can't make amends," says historian Wäldner, "but you can set an example!"
*Name changed by the editors
