Recommendations of the Editorial team
Just yesterday, Sunday, Collien Fernandes again used the word with which she describes her ex-husband Christian Ulmen without calling him by name: “perpetrator”.
“Ask the perpetrator why he, unlike me, doesn’t want to testify under oath…” she writes in response to comments on her Instagram posting in which she is described as dishonest.
Now it is the case that Christian Ulmen, whom Fernandes accuses of “virtual rape”, is not yet in court – let alone convicted for what he is said to have done to Fernandes.
Can Collien Fernandes call him a perpetrator?
Legal classification: perpetrator or suspect?
No, this is legally sensitive and generally inadmissible – unless there is a solid factual basis. In Germany, the general right of personality applies (Art. 2 Para. 1 in conjunction with Art. 1 Para. 1 GG), which is opposed to freedom of expression (Art. 5 Para. 1 GG).
The case law requires a balance. What matters is whether it is a statement of fact or a value judgment. In legal terms, “perpetrator” is generally considered a factual statement because it claims that the person has committed a specific crime. When it comes to factual allegations, provability is important.
Criminal law risks
The designation as a “perpetrator” can be punishable: according to Section 186 of the Criminal Code (slander), if a fact that cannot be proven to be true is alleged and is likely to damage the reputation – and according to Section 187 of the Criminal Code (defamation), if a false fact is knowingly asserted.
Anyone who attributes a crime to someone is seriously infringing on their personal rights. Especially in journalistic contexts, the following applies: Without a legally binding conviction, you cannot describe someone as a “perpetrator” – but at most as an “accused” or “suspect”.
When is the designation permitted?
The term would only be permissible if the crime has been proven – for example by a legally binding judgment – or if it is clearly a fictional character and there is no connection to reality.
Calling a real person like Christian Ulmen a “perpetrator” is only legally permissible if the underlying crime has been proven. Otherwise, there is usually a violation of personal rights, which can result in civil law claims (injunction, compensation) as well as criminal consequences (§§ 186, 187 StGB).
These rules also apply outside of traditional media – for example in social networks or interviews. What matters is whether the statement is likely to damage one’s reputation – not where it is made.
The presumption of innocence applies to elms.
The Cusa Elms / Fernandes
According to “Spiegel”, Collien Fernandes has filed a criminal complaint against her ex-partner Christian Ulmen. There are allegations that go far beyond private conflicts and could reach criminal law dimensions.
The presenter describes the events as a massive invasion of her personality and speaks of “virtual rape”. According to the report, she supports her account with extensive evidence, including affidavits and digital traces.
