Fellow prisoner tortured – seven years in prison for pencil rape

The nearly 1.90 meter tall 19-year-old treated the victim “like a punching bag”, repeatedly hitting his upper body and face with powerful and massive punches. While he was lying on the ground, he kicked him, beat him with a belt, slippers and a mop and strangled him until he lost consciousness. That’s not all: he also wanted to force him to insert a pencil rectally and even tried to do it himself.

Large crowd at trial
All this caused a huge crowd at the regional court in Ried on Friday morning. Masked correctional officers in full gear, including tasers and bulletproof vests, cameras and an impressive list of criminal records of the three defendants were presented to the public. In February of this year, all three were locked up in the Ried prison together with a fourth when suddenly a new cellmate arrived.

Started knocking over and over again
At first they had a normal conversation and got to know each other, but on the second day the 19-year-old had attacked the new man. His fellow prisoners managed to calm him down. Later we ate next to each other as usual. The next day, however, the ordeal continued: again and again the new man became the victim of the most brutal attacks by the first defendant. He did not defend himself, but tried in vain to ward off the blows. As described above, the 19-year-old had ‘subdued’ his new cellmate in harbor jargon, even though his fellow prisoners kept dragging him away.

He choked until he turned blue
The victim was allegedly repeatedly forced to clean the bathroom, but was then and in between repeatedly beaten, humiliated and otherwise abused by the first defendant. On one occasion he was even strangled from behind until he fell to the ground in convulsions, blue and unconscious. The second defendant then placed him in the stable side position and woke him up with water and a “wad”.

“Should have helped more”
“I was really shocked and saw a lot in the ports, fights and with criminals of a completely different caliber,” said the then 38-year-old Moroccan-born Austrian. “But attacking someone who is weaker for no reason, and then all that stuff with the pens, that was absolutely too much for me, and my biggest mistake was not helping him better!”

Victim abused
The photos also show the victim’s body battered and covered in numerous bruises, hematomas and scratches. Fractures of the spinous processes on the fifth and sixth cervical vertebrae, fractures of the ninth and tenth ribs and numerous contusions all over the body were not visible to the naked eye. However, during the evidence it emerged that the 38-year-old had only struck the unconscious victim three times before he helped him.

Pencil Rape
The first defendant also admits: “I forced him to put the pencil in and then helped myself.” The irony that this made him a rapist himself is lost, however.

Long sentences or acquittal?
The 19-year-old Austrian pleaded guilty, as did the 37-year-old, contrary to his lawyer’s statements. Only the 32-year-old claims to have had nothing to do with the abuse. In the course of the evidence procedure, he was acquitted by everyone except the first defendant. He was also acquitted. However, he also got his big belly: “I know you are a leader in this – the fact that you did not intervene at all did not help, that bothers me enormously and you should be ashamed!” said the judge. The second defendant was sentenced to eight months in prison for assault – the absolute minimum sentence given his many relevant previous convictions, as the judge pointed out. He recognized partial compensation of 1,000 euros, which he must also pay to the victim.

The main culprit was lucky
The 19-year-old did not get off so easily: he was sentenced to six years in prison, and an eleven-month suspended sentence was converted into an unconditional sentence, that is, almost seven years in prison. The combination of various crimes and his numerous previous convictions made things more difficult. The confession, his remorse and the fact that the rape had remained an attempt were seen as mitigating circumstances. The twelve weeks of aggression therapy, which the 19-year-old main perpetrator apparently completed successfully, also received positive points.

Aggression therapy already worked
Apparently, incidents had occurred repeatedly during previous negotiations. That is why six strong and mostly masked court guards were stationed between the defendants in the room. This time, however, he sat quietly, rarely commenting, but in a businesslike manner. Nevertheless, he was lucky: “They were just under 19 years old at the time of the crime, and their confession also pulled them out of the noose,” said the chairman, explaining the jury’s verdict. “Otherwise it could easily have taken eight or ten years!” All verdicts are legally binding.