But to prevail, they will likely to have to show the victim was of unsound mind - and that Meiwes was aware of that fact. They are seeking life imprisonment on the murder charge - the maximum sentence in Germany, which does not believe in sentencing criminals to death. Accordingly, the lesser offense of "disturbing the peace of the dead" is all that prosecutors reportedly have come up with to address the fact that Meiwes not only killed his victim, but butchered his corpse.ĭespite legal impediments, German prosecutors are still trying to go after Meiwes for murder. Meanwhile, cannibalism itself is not illegal under German law. Unfortunately, this offense is punishable by a very modest sentence of from six months to five years of incarceration. But in Germany, the victim's consent renders the crime a "killing on request" - that is, an instance of illegal euthanasia. In the U.S., the victim's consent is no defense to murder, and it would be easy to prosecute an American counterpart to Meiwes. Indeed, he had agreed to the arrangement over the Internet, answering an ad placed by Meiwes that specifically sought a person who wanted to be slaughtered and cannibalized. The obstacle to a murder charge is the fact that the evidence incontrovertibly shows that Meiwes's victim wanted to be eaten. In fact, however, as the New York Times reported on December 27, though the authorities want to prosecute Meiwes to the fullest extent of the law, they are having trouble finding any serious crimes with which to charge him. During much of the process of dismemberment, the victim reportedly remained conscious.Īt first glance, it would seem it should be easy for German authorities to prosecute Meiwes. Indeed, Meiwes carefully preserved the killing on videotape and still had pieces of the body in his freezer when he was arrested. Meiwes, a German citizen, has freely admitted to dismembering another German man and eating his flesh.
Is it Always Torture to Dismember and Eat a Conscious Human Being? Possible International Human Rights Claims in the German Cannibalism-by-Consent Caseīy now, nearly everyone has heard of Armin Meiwes.