A one-night stand with an Irish holidaymaker had legal consequences for a 32-year-old in Vienna. Because sex took place for the second time on the night of March 9, unprotected intercourse took place, even though the 24-year-old did not consent to it. On the way home it was discussed that he only had a condom with him.
An Irish woman meets a 32-year-old from Lower Austria at a rock concert on her first day of vacation in Vienna. It soon becomes clear that the meeting will end in a one night stand.
“Can I spend the night with you?” the employee asked as his friends began the drive home. “Yes. But only have sex with a condom,” the new acquaintance would have replied. Because you had only finished one, you actually wanted to get more that evening. However, the excitement made this forgotten.
The adventure ended before a criminal judge
Things quickly came to a head in the Irish woman’s apartment. With the only existing condom that the Lower Austrian pulled off and tied after his climax.
“I’m 100 percent sure she noticed that I didn’t put one on after that. We just kept messing around,” said the man for whom the adventure ended on Wednesday in criminal court in Vienna – accused of violating sexual self-determination and threatened with a prison sentence of up to two years. Namely because there was renewed sexual intercourse. Without condom.
“Agreement was only reached on protected sex. When I checked with my hand, I noticed that he no longer had a condom with him,” says the alleged victim, who traveled to Vienna again especially to testify. When she questioned the woman, it was not entirely clear whether she expected him to put his used condom back on.
Anyway, she said “Stop” and grabbed the pepper spray. When confronted, the 24-year-old confronted her neo-lover about the lack of protection: “That wasn’t what I agreed to,” she demanded the man’s name, address and phone number. Because she wanted to be reimbursed for the costs of any tests for sexually transmitted diseases, the woman filed a complaint – which resulted in the criminal complaint.
Victim speaks of unnoticed stripping
During the process, the descriptions of the sex partners vary. Although he says that it must have been clear to her that contraception was not possible the second time, she sees herself as a victim of stealth: removing the condom during consensual sex without the woman noticing.
“Inaccuracies run throughout this process,” summarizes Ernst Schillhammer, who defends the 32-year-old. The woman is convinced of her version, but: “This is in contrast to my client’s statement, which is at least as credible.” In any case, there was no intent.
Judge Philipp Krasa also sees it that way. The unusual trial involving a rubber that had not been used twice involved a ‘flat acquittal’, which was not legally binding.
Source: Krone
I am Wallace Jones, an experienced journalist. I specialize in writing for the world section of Today Times Live. With over a decade of experience, I have developed an eye for detail when it comes to reporting on local and global stories. My passion lies in uncovering the truth through my investigative skills and creating thought-provoking content that resonates with readers worldwide.
