The man, who had 13 previous convictions, was instead found guilty by the jury of sexual abuse of a defenseless person (§ 205 StGB) and aggravated robbery and sentenced to seven years in prison. He was also committed to an institution for abnormal lawbreakers.
The defendant was accused of forcibly coercing a 43-year-old man into having sex on the night of October 1, 2021 and ultimately killing him by overdosing on drugs intravenously. The jury disagreed with the prosecution on this point. After consultation with his lawyer Anna Mair, the 52-year-old, like the public prosecutor’s office, made no statement.
In their indictment, the public prosecutor assumed that the defendant administered liquid ecstasy to the victim and injected mephedrone (a synthetic substance from the cathinone group of substances, note) into the left arm. The defendant denied this at his trial. The man was “already impaired” for a “sex date” and then continued to use the drugs he had in his apartment and finally fell asleep. During his interrogation, the accused stated that he was not looking for “drug sex” but “love, affection and security”.
At 6:00 a.m., when he wanted to be intimate with the victim again, the defendant realized that the victim was dead. Instead of calling for an ambulance, the defendant stashed the body in a bedding drawer because he said he was “not ready to be arrested.” The victim’s remains were not found until three weeks later.
The man was found guilty of sexually abusing a defenseless person. Corresponding videos, which were recorded by the accused himself on the night of the crime, were shown to the jury in camera. It could be seen how the 52-year-old sexually assaulted the defenseless man, who, according to the medical report, was severely impaired but still alive. If the defendant had called for medical help at this point, the man’s life could probably have been saved.
The 52-year-old was also found guilty on charges of aggravated robbery. Accordingly, he drove – while his victim was unconscious – in his apartment and stole, among other things, a flat screen TV. According to the verdict, he also stole several gold ducats from another man who had joined the proceedings as a private participant.
With the placement of the man in an institution for mentally abnormal lawbreakers (§ 21 Paragraph 2 StGB), the jury followed the recommendation of the court expert Peter Hofmann. His psychiatric report confirmed that the accused, who had multiple criminal records, had a severe personality disorder, including sexual deviance and even necrophilia, which was aggravated by years of drug use, but there was no insanity. However, the psychiatrist urgently advocated committing the accused to an institution for mentally abnormal offenders, since there was a high risk of the offense being repeated.
The case, which was discussed further on Monday, was not the first incident either: the police had already discovered a dead man in the accused’s apartment last May. At the time, this was classified as a serious death, and in the course of further investigations it turned out that he was also likely to have met the 52-year-old for drug sex.