Ten migrant defendants aged between 16 and 21 appeared before the Vienna Regional Court on Thursday to face charges of sexual offenses against a 12-year-old girl.
The trial, which continued Friday, comes a year and a half after the case first shocked Austria when reports emerged of a youth gang allegedly abusing the child.
The accused, who were between 14 and 20 years old at the time of the alleged crimes in 2023, pleaded not guilty. They stand charged with sexual coercion and violation of sexual self-determination. One is also accused of distributing sexually related images of minors. According to prosecutors, the assaults took place over several months in parks, stairwells, hotel rooms, and private apartments in the city’s Favoriten district.
The prosecutor argued that the girl, who first met one defendant through Snapchat, was pressured into sex after refusing. She said the victim “felt harassed” and complied because of intimidation, the group’s numerical dominance, and exposure to videos of violence.
In one incident in April 2023, the youth gang had an 18-year-old book a hotel room where a total of twelve teenagers, aged between 13 and 16 at the time, allegedly abused the girl.
Heute reported how the Court heard the defendants had goaded the victim into sexual acts, telling her, “Come on, do it,” and later telling police officers, “She wanted it that way.”
The alleged abuse only ended when her mother forbade her from leaving the apartment.
However, prosecutors also confirmed that the original allegation of aggravated sexual abuse of minors was dropped. Investigators concluded there was not enough evidence to prove that the defendants knew the girl was only 12. The court noted that the girl appeared older than her age, raising questions about intent.
The majority of the defendants are non-Austrian, originating from Macedonia, Syria, Turkey, Bulgaria, and Italy. One is an Austrian citizen with a migration background.
Their ages at the time of the offenses have proven to be problematic. Nine of the ten defendants were juveniles at the time and are therefore facing a lesser charge of violation of sexual self-determination. Three individuals allegedly involved in the offenses were under the age of criminal responsibility at the time and therefore cannot be prosecuted.
Defense lawyer Mirsad Musliu told the Court the facts were “morally reprehensible,” but that “we’re in the wrong place,” claiming the case is not relevant from a criminal perspective because no threats were made or force used against the girl. “These young people are being pilloried. This is unbelievable,” he added.
This case is not the first connected to the victim. Previous trials led to mixed outcomes: A jury ruled consensual sex with a 16-year-old defendant was not criminal, while a 17-year-old was acquitted of other charges of a sexual nature.
The girl’s ex-boyfriend, now 18, was convicted in March and given a suspended 15-month sentence for sexual abuse of a minor and coercion.
Several of the current defendants already have criminal records, mostly for aggravated robbery, burglary, and resisting arrest.
The presiding judge urged them to take the proceedings seriously after the accused stood grinning in Court, while three defendants turned up late.
Most are out of work, with one telling the judge, “I don’t do anything now,” when asked for his employment status.
The trial continues.
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