Not a criminal offense – Despite acquittal: ‘The court doesn’t believe you!’

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A young woman was assaulted by a taxi driver one April evening in Vienna – she had drunk too much, he allegedly exploited it shamelessly. She says that credibly to the police. The DNA traces also match. The 34-year-old was nevertheless acquitted by the court in Vienna. The judge: “You were lucky.”

Proven innocence or doubt are not always necessary for an acquittal: as in the case of a Viennese taxi driver. According to the indictment, he brought a drunk 21-year-old home, helped her open the front door and then allegedly assaulted the defenseless woman.

Suspect ‘entitled to do this’
“The suspect replied that he was entitled to that, because she almost vomited in his taxi,” says the prosecutor, describing the suspected crime. The young woman called the police that same evening so that DNA traces incriminating the suspect could be quickly taken away.

The 34-year-old, on the other hand, constantly claims in the Vienna regional court that there is mutual agreement: “We both wanted that.” The prosecution’s probably valid objection towards the end of the hearing: “Why should the victim be this cinnabar?” Why would she call the police in the middle of the night? The Oscars aren’t until February, but if all this was a spectacle, she deserves it now,” he said, underlining the credibility of the victim, who burst into tears during the testimony.

No offense fits
Therefore: “You made the most incredible impression possible. The court does not believe you”, the judge opens the motivation for the verdict, or even better, for the acquittal: there is a lack of verifiability. The young woman was not drunk enough to be defenseless. But she cannot remember exactly which sexual acts the suspect committed; the report was not clear enough for that either. There was also no violence. No crime fits…

The judge’s last words to the 34-year-old before he left the room: “But don’t tell anyone you convinced the court. You were lucky.”

Source: Krone

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