Imprisonment After Impregnation of 13-Year-Old in Consensual Sex
One year was imposed unconditionally, and the rest was conditionally suspended with a three-year probation period for the previously unblemished individual.
In principle, the law provides for a prison sentence of between five and 15 years for serious sexual abuse of minors. However, the court made use of extraordinary mitigating circumstances due to the special circumstances of the case. There were no aggravating factors, and for special preventive reasons, a long-term imprisonment did not seem necessary, explained the presiding judge. The legal aid lawyer representing the 20-year-old in court filed an appeal against the verdict. The prosecutor initially made no statement.
Meeting at Subway Station
The 13-year-old and the then 19-year-old met on October 22, 2024, near a subway station. They started talking, smoked a cigarette, and then the 13-year-old accompanied the young Syrian to his apartment. "Normally, you don't go with strangers," the 13-year-old described as a witness to a jury, making a very confident and self-assured impression during her questioning. In this case, she went along "because he was hot."
In the apartment, they had consensual, unprotected sex. "We both wanted it," said the student, referring to her sexual experiences. However, she assured that she had revealed her true age to the boy from the beginning: "He didn't ignore it. He was a bit skeptical." Nevertheless, he followed her into the bedroom.
The defendant, on the other hand, claimed that the girl had told him she was 15: "She never said she was 13 years old." Had he known her true age, "I would never sleep with someone. 13-year-olds are children. 14 is also just too young." He could only imagine having sex with girls who are 15 years old. When asked why he did not use protection, the young Syrian, who has been living in Austria for two years and is currently taking a German course and, according to his statements, is striving to complete his secondary school diploma afterwards, replied: "I didn't have a condom at the time."
Mother Wanted Pregnancy Termination
On December 2, a gynecological examination at a hospital confirmed the 13-year-old's pregnancy. Since the expectant mother was a minor, a report was filed, and subsequently, the Syrian was identified. Sex with individuals who are not yet 14 years old is generally prohibited. This applies even to teenagers if the age difference is more than three years.
"The child is 100 percent his," assured the 13-year-old in her testimony. She announced that she would keep the child. She emphasized that she did not want "anything bad" for the defendant. "It is very important to me that he should be there for the little one."
The mother of the 13-year-old was also questioned as a witness. The 34-year-old told the court that her daughter had told her about the incident with the defendant the day after the sex. Her daughter had not come home from school that evening and had "told her what happened" the following morning. "It was a shock." Her daughter - the girl will not turn 14 until July - is now in the 27th week of pregnancy. A pregnancy termination was "my wish," the witness recorded, "but my daughter decided otherwise."
(APA/Red)
This article has been automatically translated, read the original article here.