A 54-year-old man will have to answer to the Vienna Regional Court on June 27 for sexual abuse of a defenseless person (Section 205 of the Criminal Code). The defendant is accused of having taken a 16-year-old girl who was under the influence of drugs to an apartment in Rudolfsheim-Fünfhaus last December. There he is said to have taken advantage of her condition and had sexual intercourse with the 16-year-old several times. The girl was found dead in the apartment on December 10.
As the police investigation revealed, the 16-year-old had died as a result of drug use. The autopsy found traces of morphine, cocaine, methamphetamine and benzodiazepine in her body. The girl, who came from a very broken family and was living with someone else, had probably been accustomed to various substances for a long time. She was also known to the police. At the age of 15, she was convicted of robbery.54-year-old has multiple previous convictionsThe 54-year-old does, however, have seven previous convictions in Austria. In the 1990s, the Romanian was sentenced to a long prison term in Germany for joint murder. He was most recently living unregistered in the apartment of friends in Vienna. In connection with the girl’s death, the public prosecutor’s investigation could not prove that he was causally responsible or partly responsible for it. “He did not drug her,” said Nina Bussek, spokeswoman for the Vienna public prosecutor’s office, when asked. Observed buying drugsThe man had met the 16-year-old a few days before her death on Margaretengürtel when he saw her procuring drugs. He spoke to her and chatted with her. When he met her again on December 8th at Westbahnhof, he recognized her immediately and subsequently took her to his accommodation. It was probably not just about drugs, but also about sex, although the man claims that they initially just “cuddled”.As the investigation revealed, the girl spent the night of December 9th in the apartment, where she was so impaired by various substances that the defendant said she was “embarrassed” in front of his two roommates. She is said to have consumed cocaine she had bought herself in the unfamiliar apartment and injected herself with Substitol. According to the indictment, the two left the apartment again on December 9th to get more drugs.Slept overnight in the apartment several timesAfter returning, the young woman spent a second night in the unfamiliar apartment. According to the defendant, they agreed to perform certain sexual acts for a fee. He also claims that he assumed that the girl was no longer a minor, but over 18 years old. Because of this and because there was no evidence to the contrary, the man was not charged with sexual abuse of young people – paid sexual contact with people under 18 is actually prohibited. Accusation: abuse while under the influence of drugs After the young woman had fallen into a twilight state as a result of the drugs she had consumed and was possibly already unconscious, he is said to have had unprotected sexual intercourse with her several times, which was not included in the original agreement, most recently in the early hours of December 10th. According to his responsibility, he assumes that she was asleep. In order not to wake her, he left the room and then the apartment after waking up in the morning. Only when he returned did he notice that the 16-year-old was no longer showing any signs of life. The 54-year-old alerted the police. Any help came too late for the girl. She was found half-clothed and lying on her stomach on a sofa bed. During his police interview, the man stated that the sexual acts were consensual. He has been in custody for six months because he poses a flight risk. If convicted as charged, the 54-year-old faces a prison sentence of one to ten years.
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