"No new imprisonment"

14-year-old stands trial for rape

The 14-year-old stood before the Klagenfurt Regional Court on Monday.

(Bild: Wassermann Kerstin/Kronenzeitung)

A trial against a 14-year-old Ukrainian boy took place on Monday at Klagenfurt Regional Court in camera. The boy was accused of rape, sexual abuse and attempted coercion of an eleven-year-old girl. The accused had already confessed at the start of the trial. Sentence: 14 months imprisonment, 13 of which were conditional - legally binding. The unconditional sentence had already been served. Like the perpetrator, the eleven-year-old girl involved comes from Ukraine.

The court of lay assessors, presided over by Judge Michael Schofnegger, decided to hold the evidentiary proceedings in camera. Public prosecutor Tina Frimmel-Hesse was brief in her prosecution presentation.

The 14-year-old had restrained and raped his victim. There was picture and video material on the basis of which the teenager could be convicted. After the crime, he had threatened the girl that she would have to expect serious consequences if she told anyone about it, which is why the offense of attempted coercion was also present.

Perpetrator "severely traumatized"
The defense lawyer for the juvenile defendant, Gernot Funder, mentioned at the beginning of the trial: "There is no glossing over the offence. My client will fully confess." However, the boy was not an adult perpetrator of violence, but had only turned 14 shortly before the crime and had reached the age of criminal responsibility. After the crime, the boy had been in custody for five weeks, which had further traumatized him in addition to the traumatic experience of fleeing from Ukraine.

The 14-year-old has not been able to go to school for three months, as no school will accept him due to what happened and the pending criminal proceedings. Funder explained: "He is now receiving medical and psychological care and is on probation."

In conclusion, the judge urgently addressed the 14-year-old: "You must change, adapt and gain a foothold here so that something like this never happens again!" He must adhere to the instructions issued: continue to seek outpatient psychotherapy and maintain regular contact with the probation service.

You have to change, adapt and gain a foothold here so that nothing like this ever happens again!

Richter Michael Schofnegger

The sentence was passed at midday: 14 months imprisonment, 13 of which are conditional. In addition to the partial prison sentence, the defendant must pay 1000 euros in damages and cover the costs of the proceedings. The 14-year-old accepted the verdict (he had served the unconditional prison sentence with the pre-trial detention). The public prosecutor's office waived its right to appeal. The judgment is therefore final, the judge announced.

"New prison sentence not necessary"
A fully conditional sentence is not possible in the case of rape due to the 2020 protection against violence package. With regard to the unconditional part of the sentence, the judge added: "We do not consider it necessary for the defendant to be remanded in custody, as he already felt the evil of imprisonment when he was on remand."