An accused photographer had performed oral sex on his godson’s sleeping and heavily intoxicated 18-year-old girlfriend. The verdict in Vorarlberg is not yet legally binding.
Last August, the Supreme Court (OGH) annulled the first judgment of the Feldkirch Regional Court for lack of reasoning. On Wednesday, the case was heard again at the LG with a new jury – with the result that the new verdict was exactly the same as the overturned verdict at first instance.
Partial imprisonment
The photographer from Vorarlberg, now 56, was sentenced to a partial prison term of 18 months for sexually abusing a defenseless person. The victim, who has not been blamed so far, must pay partial compensation of 2,000 euros.
Sleep abuse
The jury found it proven that the suspect had assaulted his godson’s defenseless girlfriend in his shop in December 2021. “It’s unbelievable that the nude shoot didn’t get you excited. Yet the Senate does not believe you are a bad person. But you took advantage of the opportunity that presented itself,” chairman Silke Sandholzer explained the verdict. He accordingly assaulted the 18-year-old, who was sleeping on a couch and had just woken up weakened by alcohol and nausea.
Don’t judge definitively
The jury found the young woman’s statements credible. Although she made conflicting statements on secondary issues, she was persuasive on the core of the alleged events, Sandholzer continued.
“A chilling explanation”
On the other hand, the Senate considered the suspect’s statements that he was entrapped by the victim as “incredible” and “a chilling statement.” He stated that his saliva was found on the 18-year-old’s panties saying that she came out of the toilet naked and without a word put her panties in his mouth. The judgment is not final. Lawyer Henrik Gunz has filed an annulment complaint, a criminal appeal and a complaint.
Source: Krone
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