A Girl's 'No' is 'Not Enough' for a Rape Allegation in Austria's Courts
In a less-than-surprising move, the alleged 17yo rapist of a 12yo goes free, further undermining the credibility of the judiciary (which, post-Covid, isn't in high regard anyways)
Editorial prelim: I’m baaaack, hence regular posting will resume now. Thank you for bearing with me.
Remember that time in mid-December when we last spoke about that one incident (it’s always single incidents) when one of the but two alleged mass rapists of a 12yo girl in Vienna went free?
That court date ended with the acquittal of one of the two (out of 17 alleged rapists) and the postponement of the sentencing in the other case to early January 2025, which has now happened.
The gist of these hearings is summarised as follows:
[A] 12yo girl was raped by one of the two accused, which she stated credibly in late November.
In early December, however, the second of the two accused alleged rapists is acquitted as both the victim’s claims are no longer deemed credible enough.
And that comes after police and the prosecution, according to the case file as cited by the journos here, have established the veracity of the victim’s claims.
And this is where we move over, first, to a summary courtesy of the Kurier and then we’ll discuss some of the implications.
Translations, emphases, and [snark] mine. Oh, lest I forget, do note that the alleged perpetrator is always referred to as ‘the accused’ while the presumed victim is simply called ‘the girl’. The reporter is a woman.
12yo Girl Sexually Assaulted? ‘No’ from the Girl Not Enough for Guilty Verdict
By Michaela Rebenwein, Kurier, 7 Jan. 2025 [source; archived]
The 17-year-old pulls the hood of his winter jacket low over his face. Camera crews and photographers are already waiting for him in the courthouse. Accompanied by his father, he scurries round a corner to wait for his trial to begin on Tuesday [6 Jan. 2025].
It is already the second day of the trial against him at the Vienna Regional Court for Criminal Matters. The boy is accused of rape. He is said to be one of the young men who allegedly sexually abused a 12-year-old girl in Vienna-Favoriten.
Extensive investigations
A total of 17 young men are being investigated. One has already been acquitted of the charges in court [see my above-linked piece].
When the contact between the Syrian defendant and the girl began, the boy was 15 and they kissed for the first time. The two exchanged their Snapchat data. On their second meeting, however, he lured the 12-year-old into a car park. Oral sex took place there, although the girl said she didn’t want to—the statements are similar so far.
This is what the accused says
I asked her several times. Then it was voluntary.
This is what the girl says
I said I didn’t want to several times. He grabbed my head. I saw no way out.
An expert determined that the victim suffered no permanent damage [well, gotta trust them experts™’]. This upsets the girl’s mother—who is following the trial—and lawyer Sascha Flatz: ‘Of course she's in a very bad way. She had to change her place of residence, friends, and school.’ Flatz is annoyed by ‘the contempt’ that the young man showed towards his client.
Chats
And he quotes from a chat history with a friend. ‘Fucking cunt’ [orig. Scheiß Nutte] is still one of the more polite terms.
‘The fact that he begged and tried to convince her was wrong. He should have accepted the no’, says the defendant’s lawyer. But the girl could have simply walked away, could have screamed for help [there was at least one other dude with the accused, possible up to 15 more], or bitten him, he explains. ‘She also sent nude pictures. That gave my client the wrong impression.’ [while I do see that point to a certain extent, there’s so many odd and plainly wrong things about this case: most likely, it will decrease the likelihood of any girl or woman suffering comparable instances, esp. in the various ‘immigrant communities’, now that they’ve seen how the judiciary treats this entire ‘#metoo’ thing].
They wanted to give the girl a symbolic 100 euros. The 17-year-old reaches into his trouser pocket, takes out two 50-euro notes and places them on Flatz’s table. For the girl’s mother, this is pure mockery.
The presiding judge, Martina Hahn, announces the verdict: acquittal (not final) for the 17-year-old. ‘We have two very young people here who have not been shown how to live sexuality.’ The accused gained his knowledge from the internet. ‘It often happens that you first say no and then let yourself be persuaded by tenderness.’ [‘the internet made me do it’ is about as insane and disgusting a—female, at that—judge could convey here]
It is also certain that both had sent each other videos of sexual acts in advance.
Why not ‘Rape’?
As I explored in the top-linked piece, that female journo™ has been on this case for some time, yet she misses quite a bit of stuff that went on—and for these notions, we turn to a few paragraphs from state media ORF Wien:
The defence lawyer countered that his client had ‘confessed to the facts’ and knew ‘that he had made a mistake’. However, it was not rape, but at most a violation of sexual self-determination within the meaning of Section 205a of the German Criminal Code.
The young man had ‘begged’ for oral sex and in the end persuaded the girl to have it: ‘That was wrong’…
The accused had exploited the girl’s ‘ego weakness’.
It remained unclear during the trial why the victim had continued to send the 17-year-old nude pictures after the sex she had reported to the police. According to an expert opinion obtained from the renowned child and adolescent psychiatrist Gabriele Wörgötter, the girl does not suffer from post-traumatic stress disorder.
And there you have it: the limits of bending of laws and minds has led to a situation where, I’d argue not unlike the current grooming gang debacle in the UK, the gov’t refuses to do its tasks, which is to uphold the laws and serve the people.
Imagine, for a moment, if the raped girl would have been of Moslem background—can you sense some ‘honour killings’ in the offing?
The judiciary, though, is pretty much on the side of technicalities here that may deserve consideration here and there, but the signal this sends is—shocking.
It’s de facto open season.
Oh, lest I forget: no piece I’ve seen actually bothered to mention that this wasn’t an individual judge reaching this conclusion; there was a jury of (lay) peers (Schöffen in Austrian legalese) who obviously couldn’t reach unanimity required for conviction.
All the facts of the matter aside, I find this notion also very troubling, because it shows the disrespect and wrongful understanding of sovereign citizen participation.
It’s Not a Single Instance
Background reporting by alt-media outlet Der Status noted the following (8 Jan. 2025, source):
There is now a debate on social media as to how it can be that a judge, of all people, who as a woman should be familiar with such attempts at justification by sex offenders of all ages, makes such judgements. Several media outlets refer to the jurist responsible as Martina Hahn, who is primarily responsible for juvenile criminal cases, sexual offences of all kinds, and the placement of offenders in detention centres at the Vienna Regional Criminal Court. This is not the first time she has passed a controversial judgement in this role.
For example, an 18-year-old was acquitted in a case of doubt in which he allegedly sexually abused a drugged young woman (19) in Vienna and left her unconscious before she was found dead. Judge Martina Hahn said at the time: ‘But there is no evidence that violence occurred…[leaving aside the gross fact that the drugged woman may have been unconscious when he abused her, but that’s besides the point: sexual assault was dismissed casually as ‘violence’] Since we don't have any more facts, we had to apply the principle of doubt.’ This was not the case for two young tradesmen who confessed to having assaulted a drunk woman, one of whom was sent to prison.
A Selection of Cases Involving this Judge
Zwölfjährige als Opfer einer Jugendbande: Wieder ein Freispruch [12yo as victim of a youth gang: again acquittal, this is Mia’s case discussed above]
Mildes Urteil für 71-Jährigen, der Achtjährige missbrauchte [mild verdict for 71yo who abused 8yo]
Raubprozess gegen drei Teenager um ihre ‘schwere Zeit’ [grand theft trial vs. three teens who ‘had a hard time’]
Prozess in Wien: 15-Jährige beinahe in Stiegenhaus vergewaltigt [trial in Vienna: 15yo almost raped in staircase]
Onkel soll Achtjährigen vergewaltigt haben: Freispruch im Zweifel [uncle allegedly raped 8yo boy: acquittal due to doubts]
Tote 19-Jährige nach Drogen-Party entsorgt - Freispruch [dead 19yo disposed after drug-infused party—acquittal]
…
[In the above-linked case of the three teens who committed grand theft] Although they faced up to 7.5 years in prison for aggravated robbery, all three defendants received suspended sentences, even though one of them already had a previous conviction and boasted that he would prefer to join the terrorist militia ‘Islamic State’. One of the defendants even received such a lenient sentence that he did not even receive a criminal record. There were also acquittals for two Chinese men accused of human trafficking of fellow Chinese women.
However, the judge did not only hand out lenient sentences. A police officer who intervened in favour of a relative after he became involved in a brawl received a heavier sentence than the Islamist youth robber, who only just got off with probation. Unlike a Vienna police chief inspector who suppressed a witness statement—he had to go to prison. Three police officers who used abusive language against an athlete of Turkish origin received heavy suspended sentences and fines. However, Hahn showed that she can also punish sex offenders harshly when a 22-year-old local man was sent to prison for nine years despite his remorse.
Bottom Lines
My daughter is 12. I’m far from cool, detached, or level-headed on this one.
I suppose that, should people realise that ‘the system™’ won’t protect them—and let’s not mince words here: the local, ‘white’ (oh, how I hate this term) population will once more resort to self-justice.
A few years ago (pre-Covid), I was chatting with a friend who hails from the former GDR; musing about the likely future of our societies, she said point-blank: ‘civil war’, adding ‘but not in terms of, like, political factions as in Spain in the 1930s rather than groups of people banding together against each other’.
I find it ever more troublesome and hard to disagree.
Sure, not all immigrants are despicable people; many, in fact, came over to escape the hellholes they came from because of these exact despicable people.
They are now watching out suicidal empathy turn their perceived place of refuge into a version of their former shit-hole places.
I suppose that they are also the first ones to speak up, which to me is evidenced by the fact that voting for ‘far-right™’ factions like the FPÖ, AfD, and the like is not a taboo for them. It does shock the juste milieu in the left/far-left bubbles.
If the Europeans with a sense of dignity, shame, and, yes, honour, won’t get together with these more recent immigrants, it’s game over.
If I were that girls parents, I can tell you exactly what I would do. But you can use your imagination.😎
This is dhimmi; bowing down to islam.
Also, note that leftist and progressive and liberal parties all over Europe has been a driving force this kind of thing since the 1960s: making child sex legal.
What we should strive for is an American-style law on rape, where underage equals rape, period, no exceptions.
And go back to the old-timey punishment for rape: dismemberment.