A 17-year-old Syrian national was acquitted of the rape of a 12-year-old girl in the Vienna Regional Court on Tuesday after the presiding judge and jury panel concluded there was insufficient proof that the defendant used force during the encounter.
According to court documents, the then 15-year-old defendant — recently identified as a 17-year-old apprentice — came into contact with the 12-year-old girl through Snapchat in early 2023.
After an initial meeting in a park, the pair ended up in a parking garage near Vienna Central Station. There, the defendant allegedly persuaded the girl to perform oral sex against her will.
The prosecution argued that Anna-Sophia “clearly and unequivocally” resisted, telling the defendant “no.” The defendant reportedly continued to press her for compliance. Prosecutor statements indicated that he also grabbed her head, thus fulfilling the “element of violence.” However, defense counsel insisted that while the defendant had “begged” and “tried to persuade” the girl, no overt force was used.
During roughly two hours of testimony and deliberation, the judge referred to the difficulty of establishing unequivocal violence in the case. “He could assume that she did this voluntarily,” the judge said, suggesting that while the girl may have had “an inner rejection” of the act, there was insufficient evidence to prove beyond doubt that the defendant recognized her refusal or used force to subdue her.
“It often happens that you first say no and then allow yourself to be convinced by tenderness,” the presiding judge remarked as cited by Heute.
The verdict is not legally binding and could be subject to appeal, though the public prosecutor’s office did not make an immediate statement about its intention to pursue the case further.
A notable moment in the courtroom occurred when the defendant’s lawyer stated that to demonstrate “goodwill,” the defense would offer €100 to the victim — an act that drew immediate condemnation. The 17-year-old took out a crumpled green bill and placed it on the table of the victim’s representative, Attorney Sascha Flatz, who labeled the gesture “a mockery” as the victim’s mother began to cry in the courtroom gallery.
Flatz also referenced profane and insulting chat messages the defendant had allegedly sent to Anna-Sophia, calling her a “whore.” The defense did not dispute that communication had been “inappropriate,” but maintained that none of it constituted proof of forced sexual contact.
Although the focus of the current trial was the alleged rape, the young Syrian is also under investigation for unrelated offenses. He admitted to using credit cards that he claimed to have found, telling the court, “Yes, I tried the cards.” These charges are set to be handled separately.
The case is part of a broader investigation into alleged repeated sexual abuse of the 12-year-old by multiple underage boys — some from the same Vienna-Favoriten district. While over a dozen minors and one 19-year-old remain under scrutiny, separate proceedings have already led to another acquittal at the beginning of December. In that instance, the regional court determined that the 16-year-old defendant’s intercourse with the schoolgirl was “completely consensual” and involved no violence.
Meanwhile, the girl’s attorney stressed that she continues to struggle with the emotional fallout of the incident, noting she has changed homes, changed friends, and remains “very badly shaken.”
