Trial for Rape of a Twelve-Year-Old in Vienna: Acquittal
The court proceeded in favor of the 17-year-old defendant based on the principle of doubt. "He could assume that she did it voluntarily," the presiding judge stated in the reasoning.
There may have been an "internal rejection" of the incriminated act by the girl. However, it is "not proven that this was recognizable to the defendant." It is also "not ascertainable" in doubt that violence was used. "It often happens that one first says no and then lets oneself be persuaded by tenderness," the presiding judge of a jury court stated.
The acquittal is not legally binding. The prosecutor initially gave no explanation.
Trial against 17-year-old has been ongoing since November
The trial against the boy from Syria - who fled to Austria in 2016, is well integrated according to juvenile court investigations, speaks excellent German and has an apprenticeship - has been ongoing since last November. On the second day of the trial, he was questioned additionally in private, after which a witness was heard, with the public also not being allowed to attend.
The case of the now 13-year-old girl caused a media stir last year. The Vienna Public Prosecutor's Office is investigating more than a dozen underage boys and a 19-year-old for serious sexual abuse of minors (§ 206 StGB), because they met the girl in Antonspark in Favoriten and subsequently abused the minor. This procedure is still ongoing. A 16-year-old was acquitted at the regional court in a separate trial in early December. He was also charged with rape. In this case, the court concluded that this sexual intercourse was "completely consensual". There was no violence. For the teenager, it was "not recognizable" that the girl did not agree with the sexual intercourse. This acquittal is now legally binding. The public prosecutor's office did not contest it, the APA confirmed on Tuesday noon on behalf of the prosecution.
Meeting with 17-Year-Old in Vienna Car Park
In the case at hand, the 17-year-old - who was only 15 at the time of the incident - had come into contact with the then twelve-year-old girl via Snapchat. She initially sent him nude pictures and videos, and the boy sent her similar material. In early 2023, the two met in a park and then, due to the cold, went to a nearby car park where the girl and the young Syrian went to the top floor. There, it is alleged that there was initially a consensual kiss, after which the 17-year-old coerced the girl into performing oral sex, according to the prosecution's accusation.
This happened, "even though she clearly and distinctly said that she did not want to," as the prosecutor summarized at the end. The boy, regardless, "asked her several times" and grabbed her head. In this respect, "the element of violence is fulfilled".
Defendant "Admits to the Facts"
His client is "admitting to the facts" and knows "that he made a mistake", the defense lawyer countered. However, it was not a case of rape. The teenager had "begged" the girl for oral sex and eventually persuaded her: "That was wrong."
(APA/Red)
This article has been automatically translated, read the original article here.