A 20-year-old apprentice received 18 months’ imprisonment on probation, a 21-year-old prospective plumber 24 months, eight of which were unconditional. The judgments are not final.
The two accused were 17 and 18 years old at the incriminated time of the crime – March 7, 2020. They pleaded guilty to the facts in court. Although the younger man was the driving force according to the court findings, he received a milder and, moreover, fully conditional suspended sentence. As a juvenile, he had to face a sentence of up to five years, while the older one had to be considered as a young adult, which resulted in a sentence of between one and ten years.
More than two and a half years ago, late at night, they met the then 21-year-old student in front of a bar that they were not allowed to enter because of their youthful appearance. The young woman – as a later investigation revealed, she must have had 1.6 per mil alcohol in her blood – spoke to the younger man. In front of a panel of judges (chaired by Martina Hahn), his lawyer called it “a very quick erotic approach, also with gestures and looks”. The now 20-year-old said: “I found her very pretty and would have been happy if something would work.”
The two boys left the bar with the student, and the then 17-year-old got down to business on a bench. He claimed that the young woman had consciously participated: “I’ve already noticed that she enjoys it”. The woman certainly did not notice that the boy’s friend was filming what was happening on the bench with his cell phone. The then 17-year-old, on the other hand, found it “cool”, as he explained in court.
“Situation exploited”
The two boys then decided to take the student to the younger man’s apartment. According to the indictment, the effect of the alcohol and also consumed cannabis really set in on the young woman: she is said to have laid down on the floor in the subway station for a few minutes. By now – according to the prosecutor – it should have been clear to everyone that the young woman was no longer able to form her own will.
In the younger defendant’s apartment, it then turned out that, surprisingly, his parents were at home and not at their weekend domicile. “That’s when we came up with the idea that we should continue in the basement,” he told the court. And further: “I wanted to sleep with her because I found it exciting.” Immediately afterwards he regretted it: “I then realized that it was a mistake. It went extremely stupid because it wasn’t right. I expected that there would be consequences.”
After he left the basement, however, his older friend also went downstairs: “I definitely took advantage of the situation.”
Researched using DNA traces
The defendants then took the woman to a subway station and put her in a set. She was then approached early in the morning by a security guard who called the police because she complained of abdominal pain and said she had been “raped” but did not know by whom, where and under what circumstances. She was then taken to a hospital, where DNA traces were found in the vaginal area using a forensic kit. These could be assigned to the 17-year-old – due to a criminal record, his biological characteristics were found in the DNA database.
Confronted with this, the boy initially made use of his right to refuse to testify. The person concerned could not provide any concrete information. “Your memory only starts again with the feeling of being carried up a basement staircase,” explained the prosecutor. The woman had been questioned contradictorily during the preliminary investigation.
The two boys accepted the verdicts. As a result, they each have to pay the young woman 2,000 euros in financial compensation and undergo psychotherapeutic treatment. Probation was also ordered. The prosecutor made no statement.
Source: Nachrichten
