Trial in Feldkirch

Defenseless resident abused

The defendant denied having sexually abused the woman. However, the court believed the victim.(Bild: Dorn / Krone KREATIV)

After consuming a lot of alcohol and drugs, the accused sexually assaulted his 24-year-old homeless roommate. He has now been brought to justice at Feldkirch District Court.

The Turkish man already has three relevant previous convictions. On Friday, the man was sentenced to three and a half years in prison at Feldkirch Regional Court for serious sexual abuse of a defenceless person. He must also pay the victim, a 24-year-old woman, 4000 euros in partial compensation for pain and suffering.

The accused had always maintained his innocence and claimed to have had consensual sex with the woman. However, the jury did not believe the man. Not so with the victim. "The woman's incriminating statements were credible," explained the presiding judge Silke Sandholzer in the second hearing.

Alcohol and marijuana consumed
The 24-year-old roommate in a homeless shelter had stated both to the police and during the contradictory interrogation that she had consumed alcohol and marijuana together with the accused and other residents in the kitchenette of the Kaplan Bonetti House in Dornbirn that evening. When the "drink" was over and everyone went back to their rooms, she went to the accused "to chat" and have a joint. There she suddenly felt sick.

The defendant allegedly took advantage of the defencelessness of the woman cowering on the floor and sexually abused her. Only after the crime did she have the strength to free herself from the situation and vomit in the bathroom.

My client did not realize that the victim was defenseless. She was talking to him and was at least able to move to a limited extent.

Verteidiger Hanno Lercher

As the 24-year-old claimed that she may have been incapacitated with knockout drops due to her inability to move at the time, a toxicology report was commissioned, but the result was negative.

Expert witness Marion Pavlic therefore denied immobility as described by the victim, but admitted a delayed ability to react due to the consumption of cannabis and alcohol. Defense lawyer Hanno Lercher has already filed an appeal for nullity, a criminal appeal and an appeal against the award of pain and suffering, while public prosecutor Julia Berchtold also intends to appeal.