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Acquittals After Sex with Twelve-Year-Old Cause Intense Discussions

Justizministerin Anna Sporrer (SPÖ) kündigte am Montag eine "Weiterentwicklung des Sexualstrafrechts" an.
Justizministerin Anna Sporrer (SPÖ) kündigte am Montag eine "Weiterentwicklung des Sexualstrafrechts" an. ©APA/ROLAND SCHLAGER (Symbolbild)
On Friday, ten boys in Vienna were acquitted in a trial concerning sexual acts with a then twelve-year-old, a decision that is not yet legally binding. This has since sparked intense discussions.

For the court, the offenses of violation of sexual self-determination and sexual coercion were not present. This decision has been debated since. Justice Minister Anna Sporrer (SPÖ) announced on Monday a "further development of sexual criminal law." She wants to implement the consent principle.

She generally does not comment on judgments of the independent judiciary, but she can "well understand the great concern and public interest in this case," Sporrer stated in response to an APA inquiry. Protection against violence has accompanied her throughout her professional life and is therefore also a central concern for her as Justice Minister: "Strengthening sexual self-determination and effective protection of women and girls against violence are my top priorities."

Sporrer wants to implement "Only Yes Means Yes"

Therefore, it is currently being examined "how the current sexual criminal law can be further developed. One measure we want to implement is the introduction of the consent principle 'Only Yes Means Yes'. This would require the court in the future to check whether consent was given, rather than whether the woman resisted or indicated that the sexual act was against her will," Sporrer announced. Another important step is the nationwide expansion of violence clinics. "These facilities make an indispensable contribution. They help victims of violence quickly and easily and secure evidence in a way that is admissible in court - a crucial support for later court proceedings," noted the Justice Minister.

Previously, the acquittals had been hotly debated on social media and in the comment sections of some newspapers, but also by politicians. "I don't understand the world anymore," Defense Minister Klaudia Tanner (ÖVP) expressed over the weekend on X (formerly Twitter). She considers the acquittals "wrong as a mother and politician," saying they send "a fatal signal of false tolerance."

ÖVP for "tightening" of sexual criminal law

In a joint statement, Tanner and the Governor of Lower Austria, Johanna Mikl-Leitner (ÖVP), called for a tightening of sexual criminal law: "We increasingly see that the current sexual criminal law no longer meets current requirements." The tightening agreed upon in the government program is "highly necessary." In the case of convicted foreign violent criminals, "immediate deportation must be our response."

"For me, this case once again shows the damage caused by uncontrolled mass immigration," FPÖ leader Herbert Kickl also expressed on X, noting that most of the ten accused have a migration background but either hold Austrian citizenship or grew up in Austria. "Something is seriously wrong in this country - especially when young girls are no longer protected," emphasized Kickl.

FPÖ against "leftist soft justice"

The freedom party's justice spokesperson Harald Stefan called on Justice Minister Sporrer to "finally take action against the leftist lenient justice system." Stefan announced an FPÖ motion in the parliament's justice committee.

NEOS reacted more nuanced. "A tightening of the law is important, but it alone is not enough. If more reports are filed without an increase in convictions, then we have gained nothing. On the contrary: then distrust in the rule of law grows. Therefore, comprehensive victim protection, specialized investigators, training for the judiciary and police - and a system that does not punish but protects the courage of those affected is needed," stated NEOS women's spokesperson Henrike Brandstötter.

The SPÖ women unsurprisingly sided with the Justice Minister. "The behavior of the then twelve-year-old girl and even that of the mother is publicly discussed, instead of that of the perpetrators. The court process clearly shows that we also need a clear definition of consensual sexuality in Austria. Only yes means yes. In some countries like Sweden or Spain, this is already practiced. It is important that we learn from other countries," stated SPÖ federal women's managing director Ruth Manninger in a release. "The shame" must change sides: "We have a problem with male violence, possessiveness, and patriarchal thought patterns in Austria." The federal government is working intensively on drafting the National Action Plan against Violence against Women to close gaps in violence protection, Manninger affirmed.

Tabloids identify "scandal verdict", judge targeted with "hate online"

Local tabloid media identified a "scandal verdict" over the weekend, the German "Bild" newspaper reported on a "youth gang" and a "group rape," even though the main trial did not involve sexual acts carried out or endured with violence or threats. The prosecution had already dropped the charge of sexual abuse of minors during the investigation phase for evidential reasons.

Nevertheless, the acquittals caused expressions of discontent and outrage on social media, leading to blatant "hate online," primarily directed at the presiding judge. The judge was harshly insulted and subjected to numerous derogatory terms, including in several comments under the X-account of the legal representative of the affected girl.

Hateful submissions to the media office of the regional court

The media office of the Vienna Regional Court received numerous angry to hateful submissions. Among other things, the "immediate" suspension of the judge who chaired the deciding jury was demanded.

(APA/Red)

This article has been automatically translated, read the original article here.

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