The acquittal of a 17-year-old, originally accused of abusing a then 12-year-old in a parking garage in Favoriten in early 2023, by the Vienna Regional Court last Tuesday is legally binding. As announced on Friday afternoon, the Vienna public prosecutor’s office will not appeal against this.
More than a dozen young people were listed as suspects by Vienna’s public prosecutor’s office. The first trial resulted in an acquittal in early December. The Vienna Regional Court continued proceedings on Tuesday against a 17-year-old Syrian who came to Austria with his family in 2015. He was accused of raping then twelve-year-old Anna (name changed), whom he had met at the motorcycle skills park in Favoriten, in a nearby parking garage.
Surprise at the court report
With the final acquittal of the second suspect, the allegations in the second case of an initially alleged rape of the minor girl did not stand up to judicial review.
The crime of serious sexual abuse of minors has not yet been charged in this disturbing case. The accused youths said they had never spoken to the 12-year-old about her age. They assumed she was 14 years old.
“My client is doing very badly. She had to change her place of residence and school. It is incomprehensible that the expert did not diagnose post-traumatic stress disorder here,” victim lawyer Sascha Flatz said in surprise in court on Tuesday, who was annoyed by another point: “It is this boundless contempt for the victim that was clearly expressed here. in the trial that the defendant offered 100 euros in compensation instead of the requested 3,000 euros was ‘a travesty’. The boy took the note from his defender and placed it on the table. He did not respond and Anna’s mother cried as she was stunned by this action.
The court ruled ‘sex by mutual consent’.
A 16-year-old, who was also accused of raping the minor girl, was legally cleared of all charges against him last December.
The court ruled that the sex between the 15-year-old at the time of the crime and the student took place ‘completely with mutual consent’. There was no violence. It was “not clear” to the young person that the girl did not agree with this.
The Public Prosecution Service and the Higher Public Prosecution Service (OStA) – the case is the subject of reporting, not least because of the sometimes intense media reporting – accepted this decision, as well as this week’s acquittal.
Source: Krone
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