Image: Daniel Scharinger
A second defendant, a 19-year-old Carinthian, received a diversion and must do 60 hours of community service. The judgment is already final.
The act happened in 2018 in a shared apartment. The two accused were 14 years old at the time and the victim was 12. “We played ‘Truth or Dare’ and it just kept going,” said the 19-year-old from Carinthia. Because the girl was only twelve years old, the public prosecutor’s office accused the act of serious sexual abuse of minors, which a panel of judges chaired by judge Uwe Dumpelnik now had to decide on. The girl did not have to testify at the trial.
“The indictment reads much more dramatically than the crime actually took place,” said the 19-year-old’s defense attorney. The two were “massively hormone-controlled young lads” – in fact, a psychiatric expert also certifies that their ability to act “in this peer pressure-like situation” was massively restricted.
In this regard, the jury made a rare decision with regard to the innocent 19-year-old with the diversion – in the case of the accused offence. However, that was not possible for the 18-year-old: Because he had abused his girlfriend, he was also convicted of serious physical harm.
“The fact is that the legislature does not recognize the sexual self-determination of people under the age of 14,” Dumpelnik said, explaining the punishment imposed, with a possible penalty of up to five years for young people. Probation was also ordered for the 18-year-old. “I hope we don’t see each other again, use this opportunity,” Dumpelnik told the accused.
Source: Nachrichten
