Acquittals After Sex with Twelve-Year-Old Cause Intense Discussions

For the court, the offenses of violation of sexual self-determination and sexual coercion were not present. This decision has been under discussion since. Justice Minister Anna Sporrer (SPÖ) announced on Monday a "further development of sexual criminal law." She wants to implement the consent principle.

The Vienna Public Prosecutor's Office announced on Monday evening that the acquittals are being contested. "We have filed nullity complaints against all ten acquittals on the instructions of the ministry," said agency spokeswoman Judith Ziska to the APA. As a result, the Supreme Court (OGH) will have to deal with this case.

Sporrer had previously stated that she generally does not comment on judgments of the independent judiciary, but she can "well understand the great concern and public interest in this case." Protection against violence has accompanied her throughout her professional life and is therefore also a central concern for her as Justice Minister: "Strengthening sexual self-determination and effective protection of women and girls against violence are my top priorities."

Sporrer wants to implement "Only Yes Means Yes"

Therefore, it is currently being examined "how the current sexual criminal law can be further developed. One measure we want to implement is the introduction of the consent principle 'Only Yes Means Yes'. This would require the court in the future to check whether consent was given and no longer whether the woman resisted or indicated that the sexual act was carried out against her will," announced Sporrer. Another important step is the nationwide expansion of violence clinics. "These facilities make an indispensable contribution. They help victims of violence quickly and easily and secure evidence in a way that is admissible in court - a crucial support also for later court proceedings," noted the Justice Minister.

Previously, the acquittals had been hotly debated on social media and in the comment sections of some newspapers, but also by politicians. "I no longer understand the world," Defense Minister Klaudia Tanner (ÖVP) expressed over the weekend on X (formerly Twitter). She considers the acquittals "wrong as a mother and politician," saying they send "a fatal signal of false tolerance."

ÖVP for "Tightening" of Sexual Criminal Law

In a joint statement, Tanner and the Governor of Lower Austria, Johanna Mikl-Leitner (ÖVP), called for a tightening of sexual criminal law: "We increasingly see that the current sexual criminal law no longer meets current requirements." The tightening agreed upon in the government program is "highly necessary." In the case of convicted foreign violent criminals, "immediate deportation must be our response."

"For me, this case once again shows the damage caused by uncontrolled mass immigration," FPÖ leader Herbert Kickl also expressed on X, noting that most of the ten accused have a migration background but either hold Austrian citizenship or grew up in Austria. "Something is seriously wrong in this country - especially when young girls are no longer protected," emphasized Kickl.

FPÖ against "Leftist Soft Justice"

The freedom party's justice spokesperson Harald Stefan called on Justice Minister Sporrer to "finally take action against the leftist lenient justice system." Stefan announced an FPÖ motion in the parliament's justice committee.

NEOS reacted more nuanced. "A tightening of the law is important, but it alone is not enough. If more charges are filed without an increase in convictions, we have gained nothing. On the contrary: distrust in the rule of law grows. Therefore, comprehensive victim protection, specialized investigators, training for the judiciary and police - and a system that does not punish but protects the courage of those affected is needed," stated NEOS women's spokesperson Henrike Brandstötter.

The SPÖ women unsurprisingly sided with the Justice Minister. "The behavior of the then twelve-year-old girl and even that of the mother is publicly discussed instead of that of the perpetrators. The court process clearly shows that we also need a clear definition of consensual sexuality in Austria. Only yes means yes. In some countries like Sweden or Spain, this is already practiced. It is important that we learn from other countries," stated SPÖ federal women's managing director Ruth Manninger in a release. "The shame" must change sides: "We have a problem with male violence, possessiveness, and patriarchal thought patterns in Austria." The federal government is working intensively on developing the National Action Plan against Violence against Women to close gaps in violence protection, Manninger affirmed.

The Green justice spokesperson Alma Zadić also spoke up: "For us Greens, it is clear: Only yes means yes. Consent must be the basis of any sexual act - anything else is violence."

Tabloids Spot "Scandal Verdict", Judge Targeted with "Hate Online"

Local tabloid media identified a "scandal verdict" over the weekend, and the German "Bild" newspaper reported on a "youth gang" and a "group rape," even though the main trial did not involve sexual acts carried out or endured with violence or threats. The prosecution had already dropped the charge of sexual abuse of minors during the investigation and dismissed it for evidential reasons.

Nevertheless, the acquittals led to expressions of discontent and outrage on social media, including blatant "hate online," primarily directed at the presiding judge. The judge was harshly insulted and subjected to numerous derogatory terms, even in several comments under the X-account of the legal representative of the affected girl.

Hateful Submissions to the Media Office of the Regional Court

The media office of the Vienna Regional Court received numerous angry to hateful submissions. Among other things, the "immediate" suspension of the judge who chaired the deciding jury was demanded.

(APA/Red)

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