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For a long time they denied the abuse and there was talk of consensual sex. Only at the last moment did both defendants admit to having made a mistake.
Fines and probation
The senate of lay judges, chaired by Judge Michael Schofnegger, sentenced the main offender to a fine of 1,200 euros (300 daily rates), plus one year of suspended prison. His sentence was five years. The second young man received seven months of suspended prison with a sentence of one year. He was found guilty of sexual harassment and for admitting to the other defendant’s crime. After the verdict was announced, the judge said the two had been well advised to make “a confession in the broadest sense.” The judgment is already final.
13 years old I was completely drunk
The incident took place in August 2019 at the home of the youngest defendant’s grandmother, who was then 15 years old. He had invited the girl and the 16-year-old co-defendant to stay overnight. The boys gave the girl a bottle of strong mixed drink, which she drank in one gulp to impress the boys, as directed. They then smoked a joint together, and soon the 13-year-old was so sick she vomited for over an hour.
Completely weakened, the children helped her into her pajamas and put her to bed; that’s the last thing the victim really remembered. In cell phone videos shown in the courtroom, children yelled at the camera while fingering the scantily clad 13-year-old boy who had already removed his pants.
The girl was raped
After that, the older teenager sent the second boy out of the room and raped the girl. The 14-year-old said in the survey that she had not noticed anything in the videos, the abuse afterwards seemed like a bad dream, she could not defend herself from the boy she previously liked.
The next day, the 16-year-old greeted her with the saying “It was a difficult night for you!” welcome. Based on the amount of alcohol, the girl’s body weight and the times described, the expert reconstructed that her blood had up to three per thousand alcohol, at least more than two. Therefore, the 13-year-old girl was in a “considerably impaired state of consciousness”, her description of a “dark basic perception” was very understandable, she was certainly not capable of defensive actions.
Girl strayed from the road
After the videos and the expert’s statements, the two defendants, now 17 and 16 years old, decided to admit a mistake. The 17-year-old said, “I never really wanted to have anything to do with the court,” now he will try to go his own way. The 16-year-old said, “It sucked what happened. I’m sorry.” Except that they threatened the girl and some of her friends after the crime, once even with fists in hand, to avoid a trial and incriminating statements, the defendants continued to deny. The victim was once racially threatened with gang rape.
The victim dropped out of school after the abuse and has been hospitalized twice for mental rehabilitation since then. More therapies will follow, the daughter is on the waiting list, the mother said.
(Those: APA)
