Two men sentenced
12 years in prison: 58-year-old woman brutally raped
Beaten, raped and robbed - this is how two 22-year-olds left a Viennese woman lying just 150 meters from her front door at Christmas last year. An Italian speaks of a "test of courage" in Vienna's regional court, his Romanian brother-in-law accuses the 58-year-old of being pushy. Unbelievable, judges the jury senate.
The fact that defendants do not always tell the whole truth in court and want to protect themselves with their testimony is a regular occurrence in criminal proceedings. And they have every right to do so. However, it is difficult to listen to the testimony of a Romanian and an Italian in the Vienna countryside. Even more frightening is the charge: on December 25 - at Christmas - they brutally beat up a woman near Floridsdorf train station, raped her and then stole her handbag and cell phone.
58-year-old suffered several serious injuries
The two 22-year-olds gave anything but a confession in front of Judge Eva Brandstetter: the 58-year-old was the one who had approached the two young men in the street in the middle of the night after a Christmas party. One of them had to push her away because the victim would not let go of them. This also caused the woman's injuries - a displaced broken nose, a broken ankle that had to be operated on and various bruises.
I tried to scream, but every time I wanted to scream, he covered my mouth. I couldn't open my eyes because they were so swollen.
Die 58-jährige Wienerin in ihrer Opferaussage
The medical report clearly states that this could not have happened. Rather, it agrees with the victim's account: "I only remember that the one on my right was kneeling on the grass and punching my face. I tried to scream, but every time I wanted to scream, he covered my mouth. I couldn't open my eyes because they were so swollen." An unimaginable ordeal ...
Accused describes rape as a "test of courage"
While the Romanian beat the Viennese woman, the second defendant is said to have raped her - as DNA traces also prove. "My client will come clean today," announced his defense lawyer Marius Hortolomei at the beginning. However, there is no trace of this during the trial. At first, his genetic material was allegedly only found because he had "taken away" the first defendant's hand. He then stated: "I saw that my brother-in-law had touched her in her private parts, so I did the same as a test of courage."
The 58-year-old testified in the course of a contradictory hearing at the trial in the Vienna Regional Court and did not have to listen to the defendant's statements. In a fragile voice, she recalls: "My whole body became stiff and cold." The men simply left her lying in the meadow, only the second passer-by called the police and the ambulance.
Something like that is inhumane. Something like that should not happen.
Verteidiger Marius Hortolomei über die Taten seines Mandanten
Bild: Martin Jöchl
While the woman lay seriously injured in hospital, the Romanian and the Italian were still busy shopping with their ATM cards: four packs of cigarettes, food and cell phone accessories at a vending machine. The 22-year-olds confessed to this. However, they were found guilty on all counts: "It is clear to us that the two defendants raped the victim, stole from her and then made payments," was the verdict of the panel of lay judges chaired by Eva Brandstetter.
"This exaggerated level of violence is particularly shocking," says Ms. Rat, addressing what is probably the worst aggravating circumstance. Both men each receive twelve years in prison. The first defendant also has a three-month conditional sentence revoked - not legally binding. The victim is awarded 14,620 euros.
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