Teenager in Vienna Sentenced After Sex with 13-Year-Old

On Monday, the ex-boyfriend of a girl who was allegedly abused by several teenagers in Vienna-Favoriten in the first half of 2023 was convicted at the regional court. The then 16-year-old had nothing to do with that. He had consensual sex with the girl repeatedly from her 13th birthday in September 2023 until February 2024, when the relationship broke down. Even for teenagers, sex with persons under 14 is generally prohibited.

15 Months of Suspended Imprisonment

The defendant was therefore sentenced to 15 months of suspended imprisonment for serious sexual abuse of minors, sexual abuse of minors, and additionally for coercion and possession of a pictorial representation of sexual abuse - this involved a single image discovered on the boy's phone during the investigation. Probation assistance was also ordered, and the now 18-year-old must undergo the sexual and social pedagogical program "sicher.net § 207a" at the Neustart association. The girl, who joined the criminal proceedings as a private party, was awarded 800 euros in damages.

Mitigating factors in the sentencing included the defendant's previous good conduct and his confession, as well as "the incorrect advice from his supervisors," as the presiding judge explained in the reasoning for the verdict. The 18-year-old agreed with the verdict. The prosecutor initially made no statement. Therefore, the verdict is not yet legally binding.

The prosecutor stated at the beginning of the trial that the girl also became pregnant in November 2023. This was significant as it affected the sentencing range. The pregnancy was terminated, the prosecutor revealed. The defendant had known from the beginning that the girl was only 13. This made the teenager liable because, for legal reasons, he should have only become intimate with the student after her 14th birthday.

Although the investigations revealed that the teenager did not pressure the girl and there was no aspect of violence involved, from the perspective of the prosecution and the court, the offense of abuse of minors was fulfilled due to the age difference between the two. There is an age tolerance when minors and of-age teenagers, who must be at least 13, become intimate with each other - but this is 36 months. The defendant exceeds this tolerance limit by nine months based on birth dates.

"Everyone Told Me It Was Allowed"

"I'm sorry that this happened. I wasn't aware at the time that it was forbidden. Everyone told me it was allowed," the now 18-year-old assured in his closing statement. "The mistaken assumption of a reason for exclusion from punishment is irrelevant according to the Supreme Court," the judge countered, referring to the highest court's jurisprudence. And she emphasized: "This must be spread in society, at 13 you are not allowed to have sex."

"It was my first love," the defendant assured a jury during his examination. They initially met on Snapchat and then met regularly: "Then it developed in a different direction. We were in love with each other." He claimed he did not know the girl was only twelve years old at the time: "She told me she was 14. I only found out later that she was 13." He discovered this because he saw her student ID. Until then, he had "no reason" to doubt her age claims: "She also looked that age. She didn't look younger."

When he knew she was only 13, he inquired whether sex with his girlfriend was legal, including asking his supervisor. He also "sought legal advice," the defendant said; "I was firmly convinced that it was allowed between 13 and 16. I didn't know it wasn't allowed." He was also regularly allowed to stay overnight at his girlfriend's family home. At the request of the then 13-year-old, he pretended to be younger to her parents - namely as a 15-year-old - and denied his Afghan descent: "I was afraid of prejudices."

The child and youth welfare service (MA 11) had custody of the boy until he turned 18. He was placed in supervised housing, where he was also educated about sex and contraception, as his former supervisor explained as a witness. When it was discovered that the young man had a significantly younger girlfriend, the age difference was discussed: "He made it clear to us that he was in love." When it became known that the girl was only 13, they sought legal advice together with the young man, the witness confirmed the defendant's statements: "The legal advice confirmed to us that three years is okay."

The witness admitted that they "misinterpreted" the legal situation. They assumed that the age difference of the couple did not entail criminal liability. It is now known that sex for 16- or 17-year-olds is generally only allowed with partners after their 14th birthday. For 13-year-olds, there is a personal reason for exclusion from guilt if the older person is not more than three years older.

The witness also emphasized that the girl's mother was aware of the relationship and tolerated it until the pregnancy: "Without the mother's consent, it is not possible for her to sleep over at his place." There were also direct contacts with the mother. Only after the pregnancy was the boy no longer allowed to see the girl at his accommodation.