Martin Jawurek, military commander of Lower Austria, was acquitted on Thursday of charges of violating sexual self-determination. The judge ruled that sexual intercourse with a female employee did not ‘recognizably take place against the will of the victim’. Not legally binding.
The relief is visibly written on his face: Since the beginning of July, military commander Martin Jawurek has been on trial at the St. Pölten Regional Court. Now the trial against the 57-year-old for violating sexual self-determination ended with an acquittal. After a fun event in the barracks in St. Pölten, the brigadier general allegedly abused the ‘relationship of authority’ with a female army employee. Intercourse eventually occurred during a tipsy one-on-one conversation on November 8. Amicably, as the defendant emphasized at the beginning of the trial.
With the words ‘You want to go to the kitchen’, he allegedly emphasized his wish to the catering employee with a ‘hint’ about a hoped-for transfer. After the woman refused to officially report the incident, the Ministry of Defense filed a complaint. That’s how things got started. Lawyer Manfred Ainedter identified a “not very clever but consensual sexual act” in the opening and closing statements. Her appearance after the secret meeting would have resulted in a kind of ‘short-circuit action’ after she was found by soldiers ‘with her blouse half open, her hair disheveled and sweaty’, according to the lawyer. .
Yes, he had sex with her, that much is clear from the defendant’s point of view. “I’m not proud of the evening. But I would never put such pressure on a woman,” Jawurek explained shortly before the verdict.
Don’t judge definitively
“In this case it was statement against statement,” Ms. Rat emphasized when the verdict was announced. It was “not clearly visible” that the sexual acts took place against her will. At no time did the woman indicate that she disagreed. This does not constitute a violation of sexual self-determination. In this case too, there was no alleged abuse of a precarious situation. The victim made a credible impression, but contradicted himself time and time again.
Source: Krone
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