Trial on Sexual Offenses Against Twelve-Year-Old Started in Vienna

Ten defendants aged between 16 and 21 pleaded not guilty on Thursday at the regional court in a trial concerning sexual acts with a then twelve-year-old, which according to the indictment took place between March and June 2023 in Vienna-Favoriten. The defense attorneys firmly rejected the prosecutor's allegations. After the indictment was presented and the defendants' legal representatives responded, the public was excluded.

The defendants - with one exception, juveniles who were themselves only 14 at the time of the crime - are accused of having performed sexual acts with the girl against her declared will. The incriminated events took place in a hotel room, stairwells, a hobby room, and in at least three cases in the apartment of one of the defendants. Two defendants are accused of sexual coercion, while in all other cases, the charge is the violation of sexual self-determination.

The initial charge of severe sexual abuse of minors is off the table, as the prosecutor emphasized at the beginning of the trial: "The investigation did not establish with the required certainty that the defendants were aware that the victim was only twelve years old." They were therefore granted the belief that they became intimate with the victim under the impression that she was already 14. It likely played a role that, from the prosecutor's perspective, the girl appeared older than twelve, which is why the defendants could not be charged with intent to abuse a minor child.

Prosecutor: "Girl Felt Pressured"

The girl had met an 18-year-old defendant through a friend and subsequently via Snapchat. At the first meeting, there was sex in a stairwell, as the prosecutor described. The boy had asked for it, which the girl refused: "The defendant remained persistent. The girl felt pressured." Therefore, the then twelve-year-old eventually gave in, reported the prosecutor.

Subsequently, the victim met the other defendants and had sex with all ten boys in various configurations at sometimes weekly meetings, as the prosecutor outlined. She "felt pressured" and "saw no way out." The defendants presented themselves to her as a "violent group," showing her videos of violent acts. Therefore, she repeatedly complied with the demand for sex. For the prosecutor, this was due to "intimidation and the numerical superiority of the defendants."

The acts only stopped "when the victim was no longer allowed to leave the apartment," explained the prosecutor. The mother no longer allowed the girl to go outside.

The defense attorneys did not accept the prosecutor's version, with their clients responding differently but all pleading not guilty. Some denied having performed any sexual acts at all. One claimed he only watched but did not participate. The majority emphasized that the girl participated voluntarily, claimed to be 14, and in one case even praised the "black curls" of one of the accused boys to a friend.

Defense Lawyer: "We Are in the Wrong Place"

"I feel sorry for the victim," said Mirsad Musliu, the defense lawyer of a 16-year-old, "but we are in the wrong place." As for the incriminated incident, "nothing criminal happened, even if it is morally sad." His client "hugged and caressed the girl until she said yes. I see no exploitation, I see no defensive actions, I see no coercion."

Manfred Arbacher-Stöger, the defense lawyer of an 18-year-old, echoed this sentiment: "She voluntarily went along 20 times to stairwells, to Tichy (ice cream shop, note), and to the apartment. That cannot be criminally relevant." Nonetheless, "ten people have been charged and put in the pillory. That's unbelievable." Arbacher-Stöger identified a "dysfunctional family system" in the affected girl. "The girl needs help. But in psychotherapy and not in criminal court."

Of the accused, five already have criminal records. A 17-year-old has been convicted twice for aggravated robbery, most recently receiving 27 months in prison in December 2024, nine months of which were unconditional. The 21-year-old received a partially suspended sentence of 21 months for aggravated robbery in the summer of 2022, and a now 16-year-old received a probation sentence for the same offense in 2023. An unblemished 19-year-old responded to the presiding judge's question about any prior convictions with a notably casual, "No idea, I forgot." The judge then advised him and the other defendants: "I believe it would be sensible to take the whole thing seriously and not make a mockery of it."

All Defendants at Large

All defendants are at large. A native Bulgarian, who now lives in his homeland again, which was interpreted by tabloid media as an attempt to evade the proceedings, arrived in time for the trial. The trial is scheduled for two days and will continue on Friday.

Although the court had imposed a ban on photography and filming, the defendants faced a sort of gauntlet on their way to the courtroom. Numerous photographers and cameramen had positioned themselves in front of the hall and photographed the defendants, some of whom tried to at least hide their faces by pulling the hoods of their hoodies over their heads or holding folders in front of their faces. "No photos," appealed Timo Gerersdorfer, one of the defense lawyers, as he appeared with his client. His request was ignored. Instead, flashes went off into the hall as he opened the door. As a result, the court imposed a ban on filming and photography throughout the building on the second day of the trial on Friday.

The trial will continue on Friday with witness questioning. In the event of convictions, the two defendants accused of sexual coercion face up to two and a half years in prison under the Juvenile Court Act. The other defendants would each face up to one year in prison if convicted in accordance with the charges.

(APA/Red)

This article has been automatically translated, read the original article here.