Rare pre-trial detention

Carinthia: 14-year-old in custody as rapist

In Vienna, the suffering of a twelve-year-old girl who was allegedly abused by a gang of boys was shocking. Now there is also a case in Carinthia of children becoming sex offenders that is hard to grasp: As the very young victim is said to have been subjected to massive violence, the handcuffs clicked for a 14-year-old!

They are still children - but they are accused of crimes that only a few adults commit: Two boys, aged 13 and 14, are under serious suspicion of having inflicted great suffering on an even younger girl in central Carinthia. And with it memories of humiliating acts that will probably torment Petra (name changed to protect the victim) for many years to come, perhaps forever.

What exactly is said to have happened? In order not to expose the identities of those affected, we are not naming the location. Girls and boys meet to play at a self-built camp in the forest. A 14-year-old Ukrainian boy, born in 2009, and his friend meet Petra, who was only born in 2012, on a cold winter's day in mid-January - and the older boy is said to have "just like that" molested her. The children are said not to have been friends and there is no evidence of any previous history between them.

Editor Kerstin Wassermann reports from Carinthia on the latest news from the justice system.(Bild: Uta Rojsek-Wiedergut, Krone Kreativ)

"The girl was defenceless. According to our indictment, the suspected 14-year-old tied her up, raped her and then forced her not to tell anyone about it," reports Tina Frimmel-Hesse, spokeswoman for the public prosecutor's office in Klagenfurt.

Abuse filmed
Although the 13-year-old is said not to have done anything himself, he watched and did not help Petra. Instead, he filmed the humiliating abuse on his cell phone. The corresponding video footage was seized after the victim quickly raised the alarm and confided in adults.

Impunity at 13, not at 14

Due to several serious crimes committed by young offenders, there is currently a debate about lowering the age of criminal responsibility. Many experts reject this, and Federal Chancellor Karl Nehammer has announced an evaluation.

At present, young people under the age of 14 are not criminally liable. This means that they cannot be charged or convicted.

This changes when they turn 14. However, the penalties for young people up to the age of 18 under the Youth Courts Act are different to those for older defendants: there is no minimum penalty, but the maximum penalty is reduced by half.

It is very rare for such young suspects to be remanded in custody.

The 13-year-old gets off scot-free - he is of criminal age. Similar cases involving very young suspects are currently causing discussions about reducing the age of criminal responsibility. This begins at the age of 14. And as the main suspect had his birthday in December, he will soon have to answer to the Klagenfurt Regional Court if the charges, which have already been served and translated, become legally effective.

Pre-trial detention is very rarely imposed at this age
The pupil was even remanded in custody due to the serious allegations of massive violence. A step that is very rarely taken at this age. The boy spent almost five weeks behind bars before he was recently released on conditional release.

He is not allowed to approach either the victim or the alleged accomplice, is undergoing a psychiatric assessment and is on probation, which is intended to monitor him closely. Frimmel-Hesse: "Such serious cases involving such young people are rare, even for us."

What does the 14-year-old face if convicted? He has been charged with rape, aggravated sexual abuse and attempted coercion - he faces up to five years in prison. The trial will be conducted by juvenile court judge Michael Schofnegger. Of course, the presumption of innocence applies.