Spokeswoman Nina Bussek confirmed a corresponding report by the "Kurier" to the APA on Friday. As Bussek explained, two originally accused individuals were not yet 14 at the alleged times of the crime and therefore not criminally responsible. They could not have been held criminally accountable even if offenses had occurred, so further prosecution was waived. For three suspects, who were partly significantly older than 14 but not yet 18, the proceedings were discontinued "for reasons of evidence," as Bussek said: "In these three cases, it could not be determined whether the suspects were involved in assaults at all. Not even the victim could say this with the certainty required for a criminal trial." Therefore, the charges against these three boys were dropped.

Investigations into Abuse Against Ten Youths in Vienna Continue

Investigations into sexual abuse are still ongoing against ten youths who allegedly met the girl in Antonspark in Favoriten and repeatedly assaulted the minor - however, there were never any media-reported gang rapes. None of the suspects are in pre-trial detention. The investigation mainly concerns incidents in a hotel room.

Two others, originally suspected of rape, have already been charged but were acquitted with finality. In early December, a jury at the regional court concluded that there was "completely consensual" sex and no violence, as emphasized in the reasoning. It was said that it was "not recognizable" to the youth that the girl did not agree to the intercourse. In early January, a 17-year-old was acquitted based on the principle of doubt. "He could assume that she did it voluntarily," the presiding judge stated in this case. Although the girl may have had "an internal rejection," it was "not proven that this was recognizable to the accused." In doubt, it was further "not ascertainable" that violence had been used, the judge emphasized.

Two Acquittals of Rape Not Surprising

Contrary to recent media reports, these two final acquittals were not surprising. According to APA information, the public prosecutor's office initially considered dismissing the two rape proceedings under § 210 of the Code of Criminal Procedure (StPO): This provision stipulates that after the conclusion of an investigation, charges are only to be filed with the competent regional court if the public prosecutor's office assumes that a conviction is "more likely than not" (i.e., over 50 percent, note). In both cases, the public prosecutor's office initially assumed a lower probability.

In the end, the 16 and 17-year-old boys ended up in court, but there was no directive from the higher public prosecutor's office (OStA) Vienna, as OStA spokeswoman Verena Strnad informed the APA upon request. However, the public prosecutor's office did not file any legal remedies against the acquittals, likely after consultation with the directive-authorized OStA.

Ex-Boyfriend of the Girl in Vienna Soon to Face Trial

Meanwhile, the ex-boyfriend of the now 14-year-old will be on trial at the Vienna Regional Court the week after next, because he allegedly had consensual sex with the girl repeatedly from September 2023 to early 2024 - when the relationship ended. The boy is said to have committed a crime because the then 16-year-old knew that the girl was not yet 14 years old and therefore should not have become intimate with her.

The first sexual encounter is said to have occurred on the girl's 13th birthday. Although it can be considered certain that the young man did not pressure the girl and no aspect of violence was involved, the prosecution assumes that due to the age difference between the two, the formal legal criteria for the offense of serious sexual abuse of minors are met. In addition, the now 18-year-old is also accused of attempted coercion. He allegedly threatened to forward or make public images of sexual acts after the end of the relationship to get back a ring he had given her. During the investigation, 15 files were also discovered on the boy's phone showing underage boys and girls engaging in sexual acts. Therefore, he is also charged with possession of visual child sexual abuse material.

Trial Against Ex-Boyfriend in Vienna Possibly Behind Closed Doors

It is not unlikely that due to the media coverage preceding this trial, the main hearing against the 18-year-old will largely take place behind closed doors. Section 42, paragraph 1 of the Juvenile Court Act (JGG) provides that the public is to be excluded in the case of an accused juvenile either ex officio or upon request, "if it is in the interest of the juvenile."

A tabloid reported on the filing of charges against the 18-year-old under the title "'Diabolical' Ex of 13-Year-Old Charged," while another newspaper quoted the girl's mother, saying the accused had "played the savior" and thus won over her daughter. However, it is true that the mother was aware of her daughter's relationship with the then 16-year-old and tolerated it, even though her daughter was only 13.

(APA/Red)

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