Trial in Innsbruck

Was a hotel guest sexually abused by a masseur?

A "pleasure massage" in a Tyrolean hotel in September last year has now brought a German-born man (60) to court. The masseur is alleged to have sexually abused a female vacationer. In the end, it was clear that there had been a "sexual incident" - but not in what form.

"He raped me," the woman, who actually wanted to relax with her partner for a few days in Ötztal, was certain. The accused first offered to massage her "from the inside", then first penetrated her with his finger and finally tried to penetrate her.

Victim may have made "sexual innuendos"
 The German gave a completely different account during the hearing at Innsbruck Regional Court on Monday. "She repeatedly made sexual innuendos and we also talked about what was meant by from the inside," he explained. It was also her who eventually took off his trousers and underpants and encouraged him to have sex.

They only agreed on one thing: the case ended with the man ejaculating prematurely before sexual intercourse could even take place. "Afterwards, she lay down on the massage table again and let herself be massaged to the end," the man described the situation at the time.

Prosecutorhad doubtsabout the accused's version
The prosecutor had doubts about the man's version that the initiative ultimately came from the alleged victim: "Why should she, as a lesbian woman, have been interested in a much older man?" The man had also clearly crossed boundaries, including those between a guest and a hotel employee.

The woman could have simply left the room after the incident.

Die Verteidigerin des Angeklagten

In any case, the accused's defense lawyer did not consider the offence of rape to have been fulfilled: "The woman could have simply left the room after the incident." She argued that neither violence nor deprivation of liberty had been involved.

Decision for "acquittal in case of doubt"
 The panel of lay judges chaired by Judge Thomas Wallnöfer was ultimately unable to establish beyond doubt how the case really played out. "It therefore comes to an acquittal in case of doubt," said Wallnöfer. But one thing was clear: "There was indeed a sexual incident", but it was "not possible to determine exactly what form it took".