"This is a mockery"

Anna (12) case: First trial against 17-year-old

The defendant (here with his father) is accused of raping the then twelve-year-old girl in a nearby parking garage.

(Bild: SP)

More than a dozen young people were listed as defendants by the Vienna public prosecutor's office. The first trial resulted in an acquittal at the beginning of December. On Tuesday, the trial against a 17-year-old Syrian was continued. The boy was accused of raping the then twelve-year-old girl in a parking garage near Vienna Central Station in early 2023. A flippant handover of money during the trial led to tears from the mother. Shortly after 11 a.m., the not legally binding acquittal from the accusation of rape followed. 

The trial of a 17-year-old Syrian who came to Austria with his family in 2015 continued on Tuesday at the Vienna Regional Court. This time, the Syrian came to court on time. He was accused of raping Anna (name changed), who was twelve years old at the time and whom he had met at the Motorikpark in Favoriten, in a nearby parking garage. "The victim told him several times that she did not want the sexual act," explained the public prosecutor in her plea.

The defendant (here with his father) was accused of raping the then twelve-year-old girl in a nearby parking garage.

(Bild: SP)

Exclusion of the public
As expected, victim representative Sascha Flatz requested that the public be excluded from the hearing of the witness he had requested. The girl's mother watched the trial tensely in the courtroom. Her gaze seemed empty. She was deeply disappointed by the acquittal in the first case.

According to the defendant's lawyer, the central question this time too was whether the offense should actually be classified as rape. The 17-year-old denied having used violence until the end. 

Victim advocate Sascha Flatz requested a witness.

(Bild: Anja Richter)

The judge imposed a strict ban on filming and photography in the courtroom.

(Bild: Anja Richter)

"Never spoke about her age"
The offense of aggravated sexual abuse of minors has not yet been charged in this disturbing case. The accused youths stated that they had never spoken to the twelve-year-old about her age. They had assumed that she was 14 years old.

"The information differs when it comes to the use of violence. He is said to have grabbed the girl by the head several times and forced her to perform sexual acts," said the public prosecutor. However, should the court not find rape, a conviction for violation of sexual self-determination could also be considered, according to the prosecutor.

Surprise at the court's expert opinion
"My client is in a very bad way. She has had to change her place of residence, change schools. It is incomprehensible that the expert witness did not certify post-traumatic stress disorder here," said victim advocate Flatz, who was also annoyed by another point: "It is this boundless contempt for the victim that was clearly expressed here in the trial." The fact that the accused offered 100 euros in compensation instead of the 3000 euros demanded was "a mockery". The boy took the bill from his defense lawyer and placed it on the table for Flatz. He did not react, Anna's mother was stunned by this action and shed tears. 

No violence involved
Shortly after 11 a.m. in courtroom 302, the jury reached its verdict: the 17-year-old was acquitted of the charge of rape in case of doubt. "They are two very young people who had no sexual experience," the judge explained. Furthermore, there was no violence involved. The 17-year-old had persuaded the girl to have consensual sex. The witness was not very credible.