No sense of guilt

What makes the acquittees in the Anna case tick

Lawyer Mirsad Musliu with his client(Bild: Bartel Gerhard)

Two days in the Vienna Provincial Court at the trial for violation of sexual self-determination and sexual assault of a twelve-year-old in Vienna-Favoriten provide an insight into the reality of life in youth gangs. A growing social problem.

Even the start of the trial speaks volumes: defense lawyers stand in front of courtroom 303 and try to reach their clients. The trial would have started at 9:30 a.m., but even at 9:38 a.m. around a third of the ten defendants are still missing. The trial can only start half an hour late. 

Several of the boys are already conspicuous when their personal details are requested. When asked about previous convictions, one 18-year-old replies smugly: "I don't know, I've forgotten."

During the breaks in the proceedings, the young men move around like a swarm and the media representatives present repeatedly get their comeuppance. During the lunch break on day one, one of them taunts a journalist: "You're an arse....."

"Not criminally relevant"
Another person's cell phone rings. The conversation begins with the words "Hey you bitch". Apparently a friend of the accused, who came to watch the trial, laughs: "They've f.... a twelve-year-old, that's punishment enough."

I'm not allowed to laugh, otherwise they'll say I'm making fun of them again.

Angeklagter nach Freispruch

The ten defendants lack any sense of injustice during the trial and probably also before it. This is also shown by the analyzed chats. In them, they made fun of the fact that Anna (name changed) was so easy to have. One of the defense lawyers described the fact that around ten boys had sex with the child in a hotel in Favoriten one afternoon as "morally reprehensible, but not relevant under criminal law." Especially as the then 12-year-old claimed to be older. And some of the defendants were only 14 themselves at the time.

Softening the fronts
Defense lawyer Mirsad Musliu describes the rough language used by some of the young people in his summation: "They say: 'Give me a hole, otherwise I'll get a hole from someone else'." Another defense lawyer outlines the everyday life of the boys as follows: "It's a group that has a lot of free time and lives out their sexuality particularly intensely." According to the indictment, six of the ten young men are unemployed and five have previous convictions, for example for aggravated robbery. 

During the sentencing hearing on the second day, the fronts soften. The boys seek to talk to the media representatives and talk about their plans for the future. One young man wants to become a car mechanic, another wants to work as an electrician.

Relief after the verdict
After the - not legally binding - acquittals, the 16 to 21-year-old boys march out of the courtroom, relieved and confident, clapping their hands together. One of them says: "I can't laugh, otherwise they'll say I'm making fun of myself again." Nevertheless, some of the clique leave the Landl with broad grins - they stick their thumbs up, show the victory sign - or even give the finger.