Acquittal in Trial Over Alleged Rape at Stadium Pool

A jury found that the evidence was insufficient to convict the accused 50-year-old man. The boy had "entangled himself in significant contradictions" during his contradictory examination. Additionally, "the overall situation must be considered," was stated in the reasoning.

Prosecution assumed rape in the shower area at Stadionbad

The case had made headlines across Austria last summer. The accused was arrested on August 14 at the Stadionbad after he came under suspicion of abuse and was beaten by an "angry mob" on the lawn before the police arrived, as his defense attorney Daniel Strauss explained in the Gray House. His client had several ribs broken in the process. After the arrest, he had to be taken to a hospital for treatment, the lawyer reported.

The prosecution accused the 50-year-old of initially forcing the 13-year-old in the shower area of the outdoor pool to perform sexual acts on himself by threatening to kill him. Subsequently, he allegedly forced the intimidated boy into oral sex. "I am innocent," the man declared. Beyond that, he made no further statements on the advice of his defense attorney. "He does not have to prove his innocence. His guilt must be proven," Strauss stated.

Trial over alleged rape at Stadionbad: Defendant "practically blind" according to defense attorney

His client is "practically blind," the defense attorney referred to a specialist medical report, according to which the 50-year-old is completely blind in one eye and has a vision of one-fortieth in the other. "He can recognize letters from a meter away, but cannot read anything," explained the expert witness called to the trial. From a distance of 274 centimeters - the distance between the wet cell areas where the accused and the boy had cleaned themselves - "he has no possibility of recognizing who the person opposite is," said the expert. At most, the accused could have recognized "movements."

"Why would a blind person ask someone to masturbate? He wouldn't notice it. He doesn't see it," the defense attorney noted. The defendant - who receives a disability pension - also did not realize, due to his very limited vision, that the alleged victim was a 13-year-old boy. The prosecution also conceded this to the defendant - the man was not charged with sexual abuse of a minor. The prosecution admitted that due to his impairment, the age of the boy was not clear to him.

Nevertheless, there is no reason to doubt the incriminating statements of the now 14-year-old, emphasized the prosecutor: "The victim has no reason to falsely accuse him." Before the video of the boy's contradictory questioning was played - he had been interviewed gently during the investigation and therefore did not have to appear in court again - the public was excluded.

Witness described events in the shower area during trial on alleged rape

It is certain that a 20-year-old visitor to the stadium pool noticed a scene upon entering the shower area that set off alarm bells for him. The defendant was "naked" and was "playing with himself," the boy "just stood there," the young man described as a witness to the court: "I couldn't believe it." He then asked the boy why he was participating, at which point the boy began to cry and he ran to security.

In the reasoning for the acquittal, the presiding judge concluded that there is "the possibility that he (the boy, note) was caught masturbating and was ashamed of it." It cannot be ruled out that this is how the suspicion against the 50-year-old arose. Whether the prosecution will accept the acquittal will be decided by the weekend. The prosecutor initially made no statement. Any appeal would have to be filed within the next three days.

No prosecutorial investigations appear to be pending so far regarding the violent assaults on the 50-year-old. In this case, bodily harm is "an official offense. It must be prosecuted ex officio," defense attorney Strauss pointed out. Nevertheless, this has not happened so far. Not least for this reason, his client exercised his right to remain silent: "His trust in the investigative authorities is shaken."

(APA/Red)

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