The accused, August Landmesser, blamed his relapse on the fact that he was primarily concerned about his children whom he feared to lose if he broke off the relationship completely. 
The public procecutor gave a stern warning that Rassenschande by a true-blooded German male was to be regarded as a breach of trust with his "Volksgemeinschaft" (racial community). In this case, despite a number of extenuating circumstances, a long jail sentence was the only option. He moved for three and a half years imprisonment. 

The verdict was two and a half years penal servitode for Rassenschande. 

In passing sentence, the Court maintained that if the purity of the German race is to be successfully maintained, then such violations of the Race Protection Laws (Rassenschutzgesetze) must be severely punished; that applies to Aryans as much as Jews. However, in this case the Court did not totally ignore the human aspect of the case. The Court was concerned not so much with the relationship of the accused with the woman involved, who is hardly a very worthy character, but rather his relationship with his children, for which the Court has every sympathy. However, the situation was aggravated by the defendant resuming the for- bidden relationship and thus acknowledging neither restraint nor repentance. This was also the reason for the Court's decision to impose a sentence of penal servitude. Dr. Sch 

Jetzt konnte der geheime Erlass vom Juni 1937 in die Tat umgesetzt werden! Am 18. Juli 1938, drei Tage nach Augusts Verhaftung, wurde auch Irma Eckler wegen "Rassenschande" von der Gestapo abgeholt. Now the secret directive of June 1937 could be put into effect! On 18th July 1938, three days after August's arrest, Irma Eckler was picked up by the Gestapo (Geheime Staatspolizei; Secret State Police) for "Rassenschande".