Partial imprisonment

Photographer committed sexual assault on sleeping girl

The photographer insisted that he had been lured into a trap by the 18-year-old - which the senate found implausible.(Bild: Chantall Dorn, Krone KREATIV)

An accused photographer had orally assaulted the sleeping and heavily intoxicated 18-year-old girlfriend of his godchild. The verdict in Vorarlberg is not yet final.

Last August, the Supreme Court (OGH) overturned the first judgment of the Regional Court of Feldkirch due to a lack of reasoning. On Wednesday, the case was therefore heard again at the regional court with a new panel of lay judges - with the result that the new verdict was exactly the same as the overturned first-instance verdict.

Partial imprisonment
The now 56-year-old photographer from Vorarlberg was sentenced to 18 months in prison for sexual abuse of a defenceless person. The previously blameless man must pay the victim 2,000 euros in partial damages.

Lawyer Henrik Gunz (left) spoke to his client again before the trial.(Bild: Chantall Dorn)

Abuse in his sleep
The senate of lay assessors considered it proven that the accused had abused the defenceless girlfriend of his godchild in his store in December 2021. "It is implausible that the nude shooting did not arouse you. Nevertheless, the Senate does not believe that you are a bad person.

But you took advantage of the opportunity that presented itself," said the presiding judge Silke Sandholzer, explaining the verdict. Accordingly, he abused the 18-year-old, who was sleeping on a couch and had just woken up, weakened by alcohol and nausea.

The Senate does not believe that you are a bad person. But you took advantage of the opportunity that presented itself.

Richterin Silke Sandholzer zum Angeklagten

Verdict not legally binding
The senate of lay assessors considered the young woman's statements to be credible. Although she had made contradictory statements on secondary issues, she had been convincing on the core of the alleged events, Sandholzer continued.

Feldkirch court trial April 10(Bild: Chantall Dorn, Krone KREATIV)

"A hair-raising explanation"
On the other hand, the senate considered the defendant's statements that he had been lured into a trap by the victim to be "implausible" and "a hair-raising explanation". He explained the fact that his saliva was found on the 18-year-old's panties by the fact that she had come out of the toilet naked and had wordlessly stuffed her panties into his mouth.

The verdict is not final. Defense lawyer Henrik Gunz has filed an appeal for annulment, a criminal appeal and a complaint.