Squeezing another man's genitals is sexual assault, German court rules

A man has been fired from his job for sexual assault after he squeezed his co-workers testicles. The events took place in 2014, in Bremen, Germany.

A metal company worker, called "Mister O" by the Local, should have thought twice before he pranked one of the team's temporary workers, referred to as "Mister T".

Coming at Mister T from behind, Mister O grabbed and squeezed the man's genitals and allegedly said: "You've got big balls. Who else wants some?" He held on Mr T for so long that the victim was sent to hospital as a precaution.

What prompted him to do so is unclear, although the Local reports that he had a dislike for his coworker prior to the assault.

On learning of the incident, the company decided to fire Mister O without notice on the basis of sexual assault.

He contested his dismissal at the local Bremen court, who sided with him. They pointed out Mister O had never, in 20 years of service, faced a single disciplinary meeting.

However, the German Federal Labour Court overruled the decision on 24 August. The Court recognised that Mr O had no sexual intent when he approached Mister T. However, they ruled that sexual intent was not the sole motive for sexual assault.

Judges pointed out that "sexual intent isn't the decisive factor," as they explained that touching a co-worker's genitals was always considered sexual assault. They concluded: "Sexual assault in the workplace is far more often an expression of power than something driven by lust." Therefore they ruled that the grounds for immediate dismissal still stood.

Mister O has one more chance to get his job back. The court in Bremen will look at social factors, such as the fact he has a wife and three children to financially support to decide on whether he should be allowed to work for the metal company again.

However, a case dating from 2010 puts this new ruling at risk too. Mister O allegedly chained a co-worker to a steel roll during an argument. He told the man: "Tell me the time and the place - then we'll sort this out like men." This intimidation attempt doesn't bode too well for O.