In the Anna case

Appeal for annulment against all 10 acquittals

One of the many locations: a stairwell in Vienna-Favoriten(Bild: zVg)

Following the controversial ten acquittals in the Vienna trial concerning the violation of the sexual self-determination of a twelve-year-old girl, the Vienna public prosecutor's office has now filed an appeal for annulment against all the verdicts.

"My client is relieved that the entire proceedings will hopefully now be reviewed again by the Supreme Court," said victim's lawyer Sascha Flatz in an initial reaction to the "Krone". "I am astonished because the presiding judge said that it was an outright acquittal and not in doubt," commented Timo Gerersdorfer, who is representing the six-man defendant.

My client is relieved that the entire proceedings will hopefully now be reviewed again by the Supreme Court.

Opferanwalt Sascha Flatz

Review underway
Not yet. Because first the judge has to issue the verdict. "The Vienna Public Prosecutor's Office was instructed to file an appeal for annulment against the judgment of the panel of lay judges of the Vienna Regional Court for Criminal Matters in the proceedings for sexual assault and violation of sexual self-determination. Only on the basis of the written copy of the judgment can it be checked whether an appeal has any prospect of success and whether the appeal for annulment will have to be carried out," the Ministry of Justice explained on Monday evening.

I am surprised because the presiding judge said that it was an outright acquittal and not in doubt.

Anwalt Timo Gerersdorfer

Bild: zVg

However, the verdict can then "only" be overturned on formal grounds, as the assessment of evidence is de facto not contestable in a lay jury, according to lawyers' circles.

The verdicts caused outrage throughout Austria. In his reasoning, the presiding judge criticized the media and contradictions in the girl's testimony. 

Only on the basis of the written version of the verdict can it be checked whether an appeal has any prospect of success and whether the appeal for annulment will have to be carried out.

Aus dem Justizministerium

Group with "a lot of free time"
However, he says little about the ten young men, five of whom have a criminal record. They had sexual intercourse with the 12-year-old child, who would have pretended to be older, in various constellations, sometimes together or one after the other: "The evidentiary proceedings clearly led to acquittals," Mr. Rat announced the decision of the panel of lay judges. To the delight of the accused and their ten (male) defense lawyers. Some of them made astonishing statements during the trial: "It's a group that has a lot of free time and lives out its sexuality particularly intensively," said one. "It was nothing against the victim's will, but there was complete consent." The girl had "wanted to please".