Bit her in the chest

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The incident of sexual assault is said to have occurred in the Oberlaa spa gardens in Vienna-Favoriten - the suspect has only partially confessed.

(Bild: Wiener Stadtgärten / Christian Houdek)

An 18-year-old man went on trial on Friday for sexually assaulting a 14-year-old girl. He had met a girl in the Oberlaa spa gardens in Vienna-Favoriten at the beginning of January, where he apparently sexually harassed the schoolgirl on a massive scale. The accused was sentenced to the minimum sentence. The verdict is not final.

The two had met online via Snapchat in December and eventually arranged to meet - from the girl's point of view "to talk and go for a walk", as the public prosecutor explained. The 18-year-old probably had different intentions, as the defense lawyer explained: "He misjudged the situation. He perceived it as more playful than it was."

"I got the whole thing mixed up"
The accused basically admitted that he had become intrusive after the two of them had sat down under a covered slide in a playground due to the onset of rain. However, he claimed that he had no malicious intent: "I thought she wanted that too. I got things mixed up. We probably just misunderstood each other."

When reproached by the public prosecutor that the girl had said "Break!" and repeatedly "Stop it!", the 18-year-old replied: "I didn't f**** her." Incidentally, she had told him that she was 16. Otherwise he would not have met the girl at all.

Schoolgirl managed to escape
As a result of the 14-year-old's persistent resistance, the accused then let go of her, the prosecutor described: "He rolled his eyes in exasperation, whereupon she managed to escape." The schoolgirl subsequently blocked the boy on Snapchat and filed a complaint. The public was excluded from the hearing for victim protection reasons. The presiding judge then stated that the victim had "comprehensibly and conclusively explained what had happened". There was "no reason to doubt her statements."

Defendant receives minimum sentence
The 18-year-old was sentenced in accordance with the indictment, but only received the minimum sentence of six months. This was suspended on probation for three years. The decisive factor was that he was previously blameless and committed the crime one day after his 18th birthday, when even milder juvenile sanctions would have applied. 

The 18-year-old must also complete an anti-violence program. Probation was also ordered. While he asked for time to reflect, the public prosecutor accepted the decision. The verdict is not final.