Ukrainian accused

Rape or “bruises from making out”?

The accused Ukrainian with his lawyer Klaus Ainedter.

(Bild: Pratschner Sophie, Krone KREATIV)

Two Ukrainians allegedly posed as tourists and brutally raped a young Viennese woman in a hotel room. The 37-year-old manager, who is now on trial, cannot explain these accusations at all. Especially as his boyfriend had become intimate with the woman - and he is stuck in the Ukraine and cannot attend the trial.

It's testimony against testimony - as is so often the case in Vienna's regional court. And as is so often the case, there is a lot at stake: the 37-year-old in the dock is accused of rape. In mid-January 2022, the Ukrainian and a long-time friend allegedly posed as tourists in Vienna, approached a woman and took her to their hotel room - where they allegedly had sex with her. 

"Bruises from making out"
This is what the young woman told the police afterwards. There is not much more evidence, especially objective evidence, in the proceedings - even the public prosecutor has to admit that. Only hematomas in the genital area and on the neck were found. Defense lawyer Klaus Ainedter can explain the latter: "The bruises are demonstrably not from a physical altercation, but from making out." 

Second defendant is stuck in Ukraine
His client admits that his friend, with whom he was on a business trip in Vienna, had consensual sex with the victim. The second defendant himself cannot appear in court for his trial. He lives in Ukraine and is currently not allowed to leave the country.

The 37-year-old, who has been working in Germany as the managing director of a construction company since February 2022, must therefore sit alone before the jury. Yet he knew nothing about the rape. He had slept in the hotel room, while his friend had sex with the woman.

I am completely convinced that the evidence will prove his innocence. There is no smoking gun in the proceedings.

Verteidiger Klaus Ainedter

Bild: Gerhard Bartel

There is almost exclusively the victim's testimony as evidence for the prosecution. However, defense attorney Klaus Ainedter has serious doubts about this, he even obtained an expert opinion on inconsistencies in her testimony. "The witness didn't just correct her statements once. She has already changed her statements to the police several times," says the lawyer, questioning her credibility. 

The presiding judge wants to know from the 37-year-old why the young woman should falsely incriminate the two Ukrainians - "That's not a fair question. I can't look into other people's heads." Because the man, who is stuck in Ukraine, is at least needed as a witness, the court is adjourned for questioning by video.