German Court Rules Convicted Drug Dealer Can Send 'Sperm Love Letters' to Fiancée from Prison

A PRISONER has won the right to send letters to his fiancée from jail splattered with his semen, a German court has ruled.

The court heard that banning the drug felon from sending the sperm-saturated letters to his lover would suppress his sexual fantasies and violate his fundamental rights without legal basis.

An aerial view of the prison in the Ergste district, Schwerte, Ruhr areaCredit: Alamy The Schwerte correctional facility in Germany Credit: Jam Press

The convicted drug offender also received mail containing bodily fluids from his partner from behind bars at the Schwerte correctional facility.

The prison administration punished the inmate over the correspondence, after the jailhouse letters were found to be a health hazard, according to Bild .

Staff are required to check prisoners’ mail for contraband and the inclusion of the sexual fluids represented a “violation of the duty to protect health and maintain orderly coexistence”.

The jail on the edge of Germany’s Ruhr region decided to impose a one week ban from recreational activities on the prisoner as punishment.

The penalty meant he could not participate in sport or cultural activities.

But the drug felon serving a multi-year sentence challenged the decision to punish him by filing a lawsuit.

He reportedly claimed the ban suppressed his sexual fantasies and violated his fundamental right to free development of his personality, German legal journal Beck Aktuell said.

The prisoner also argued in the lawsuit that if prison staff felt disgusted when searching the letters, they could wear gloves during the search.

He also countered that it was not a criminal offence to send the fluids in the mail.

The Hagen Regional Court ruled in favour of the prisoner and found there was “no legal basis” for the disciplinary measure to have been taken against him.

The astonishing ruling allows the prisoner to resume his sperm-splattered correspondence with his fiancée.

The court found the man had not breached his duty to support health and hygiene measures inside the jail, because this requirement was intended to ensure the health and safety of prisoners not staff.

Therefore the concerns about the health of the staff were irrelevant, the court reportedly found.

The court also said the ban on disrupting orderly coexistence had not been breached because the provision alone cannot constitute a disciplinary offence.

The prisoner was found to have committed one violation; by including the semen, the mail was found to be a package rather than a letter, the legal journal said.

Inmates are required to obtain permission before sending packages under German law.

But the court found it could not retrospectively decide that a permit had been required.