Court Convicts 20-Year-Old for Sexual Assault of Minor

A 20-year-old man has been sentenced to three years in prison by the Vienna Regional Court for the serious sexual abuse of a minor after he impregnated a 13-year-old girl during consensual sexual relations. The sentence includes one year of mandatory imprisonment, while the remaining two years are conditionally suspended under a three-year probation period. This ruling is not yet final.

Typically, the law prescribes a prison term of five to fifteen years for severe sexual offenses against minors. However, the court opted to apply an extraordinary mitigating circumstance due to the unique nature of the case. The presiding judge noted the absence of aggravating factors and indicated that a lengthy prison sentence was unnecessary for preventive reasons.

The defendant's attorney has filed an appeal against the ruling, while the prosecutor has not yet commented on the case.

The encounter between the two individuals occurred on October 22, 2024, at a subway station. They engaged in conversation, shared a cigarette, and the girl subsequently accompanied the young man to his apartment. During her testimony, the 13-year-old appeared confident and self-assured, explaining her decision to go with him by stating that she found him attractive.

In the apartment, they proceeded to have unprotected sexual intercourse, with the girl asserting that both parties consensually agreed to engage in sexual activity. She claimed to have disclosed her actual age to the defendant, who expressed some skepticism regarding her age. The accused, however, stated that the girl had represented herself as being 15 years old and claimed that if he had known her true age, he would not have engaged in sexual activity with her, asserting that individuals at that age are still children.

The young man, who has been living in Austria for two years and is currently enrolled in a German language course, mentioned his lack of a condom at the time of the encounter.

The pregnancy was confirmed during a gynecological examination at a hospital on December 2. Since the girl is considered a minor, authorities were notified, leading to the subsequent identification of the suspect. Engaging in sexual relations with individuals under the age of 14 is illegal, particularly when there is a significant age difference between the parties involved.

The 13-year-old has stated that the child is undoubtedly his and expressed her intention to keep the baby. She emphasized that she holds no ill will toward the defendant and wishes for him to be involved in the child's life.

The girl's mother also testified in court, revealing that her daughter informed her about the incident the day after it occurred. The mother described her shock upon learning of the situation, noting that her daughter, who will turn 14 in July, is currently in her 27th week of pregnancy. Although the mother initially wished for her daughter to consider terminating the pregnancy, the girl decided against it.