"Condition exploited"

Unconscious woman abused: Worker sentenced

The defendant confessed.

(Bild: Krone KREATIV, Stockner)

She was drunk, fell, injured herself - and in this state, a man took advantage of her and touched her indecently: A Romanian man was sentenced to a fine and suspended prison sentence in Graz on Monday for abusing a defenceless person. 

It actually began with good intentions. After a party in a home garden, the Romanian offered to accompany a heavily intoxicated woman from Graz home. "She was staggering badly and could barely stand on her feet," explains public prosecutor Otto Ferrari. To make matters worse, the woman crashed with full force onto the asphalt shortly before the finish line and suffered a brain haemorrhage.

"But instead of calling the emergency services, the defendant took advantage of the situation," adds the prosecutor. The 46-year-old lifted the unconscious victim onto a crate of road salt and touched her indecently. A witness became aware of the abuse from her home, raised the alarm and took photos with her cell phone. 

"Far away, poor lighting conditions"
"My client found the woman in the bushes after the party, where a lot of alcohol had been consumed. He helped her up and, because she was as heavy as a big sack, lifted her onto this crate." The witness, who was 30 meters away, would have interpreted this in miserable lighting conditions. However, the accused would not deny having touched the victim.

In the end, he also admitted the touching to the presiding judge Catherine Farmer, but only above the clothing - which legally means a lower sentence. The Romanian apologized and handed over 400 euros in compensation to the victim, who cannot remember anything due to the injuries to her head. He promised the woman another 600 euros.

2040 euro fine
The court of lay assessors sentenced the man to a fine of 2040 euros and ten months probation on the grounds of mitigation (remorseful confession, no criminal record) and the absence of aggravating circumstances. Because the public prosecutor did not make a statement, the defendant asked for three days to reflect.