Boy is 18

After sex with girl (13): prison sentence for schoolboy

The pupil was shocked by the sentence - but it could have been much higher.

(Bild: Chantall Dorn, Krone KREATIV)

The love affair with his underage girlfriend brought the 18-year-old schoolboy to court in Feldkirch. There he received a conditional prison sentence and a fine.

The blameless boy sits in the dock in shock as the presiding judge of the jury panel, Christoph Stadler, announces the verdict, which is not yet final. A guilty verdict for serious sexual abuse of a minor. The sentence: nine months' suspended imprisonment and a fine of 1440 euros. The council awarded the victim partial damages of 2000 euros. A lenient sentence, considering that the law provides for a sentence of up to ten years in prison for such a crime.

Condom with DNA of the accused found
The jury found it proven that the 18-year-old pupil had sexual intercourse with his then 13-year-old girlfriend in a wooded area in Schnifis on September 4, 2023. The girl's incriminating statements and a used condom with the accused's DNA, which was found in the wooded area two weeks after the alleged crime, were evidence enough for the senate.

However, the young man was not aware of any guilt and claimed that he had not had sex with his girlfriend that day. They had only met there to talk. Defense lawyer Astrid Wagner spoke of a possible act of revenge by the 13-year-old because the accused had ended the relationship. It could not be ruled out that the girl, who testified in her interrogation that she had already had consensual sex with the boy several times in July 2023, had kept the used condom and placed it where it was later found.

"Victim doesn't take the truth too seriously"
"The victim is a person who does not take the truth very seriously," argued the defense. The pupil had originally told the 18-year-old that she was older than 14 and therefore of legal age. He only found out in September that this was not the case. Later, the girl also faked a pregnancy for my client by sending him false ultrasound images. She blackmailed him and bombarded him with hate messages. Around 30,000 text messages in total," explains the lawyer.

In the end, she was also the one who asked for three days to reflect after the verdict was announced. The public prosecutor made no statement. The verdict is not yet final.