“I wanted to wake him up”

Vienna bartender assaulted dying guest

The 36-year-old had already spent nearly four months in pretrial detention.(Bild: Gerhard Bartel)

“It’s tragic,” admits defense attorney Zaid Rauf. His client—a bartender at a sex club—assaulted a dying guest. He didn’t call for help until it was far too late; the victim did not survive a drug overdose. Two other party guests were also present at the venue. They, too, did not think to call 911. Yet they were acquitted.

“You want to shake all three of them and say: Do something!” says the prosecutor, referring to the distressing video. A man in his mid-40s lies unconscious on the floor—the three men seem to care little. The victim did not survive the wild party after the bar closed. 

Private party with sex and drugs
In a trendy club in Vienna-Wieden, the bartender and three guests threw their own private party in the early hours of October 4. Sex and various drugs included. The victim likely consumed too much of the latter. “His condition visibly deteriorated,” said the prosecutor. “At some point, he loses consciousness.” Then the video footage shows something shocking: “Out of nowhere, the bartender begins to abuse the unconscious man.” 

The 36-year-old had already spent nearly four months in pretrial detention.(Bild: Gerhard Bartel)

Abused an unconscious man: “I wanted to wake him up”
In court, the 36-year-old tried to explain: “I thought he was asleep. I thought the stimulation would wake him up.” He was referring to the nearly one-minute-long assault. The former bartender pleaded guilty to this. He also admitted to failure to render aid resulting in death. Defense attorney Zaid Rauf nevertheless appeals to put the allegations into perspective—the two had previously engaged in “uninhibited sex” for hours. 

Everyone here was only looking out for their own interests. For their own pleasure.

Staatsanwältin im Wiener Landl

“Weren’t you worried?” the judge asks. “No, not at that moment. He was snoring, after all.” At 8:22 a.m., he finally called an ambulance. “I wanted to go home.” The victim ultimately died in the hospital that same day.

Two other party guests also did nothing
The prosecutor also charges the two other sex party guests: “The death could have been completely prevented if just one of the defendants had called for help.” Because neither the 53-year-old, who came to the bar with the victim and left his friend lying there unconscious, nor the 34-year-old, who was called in when the man was no longer responsive, did anything.

Attorneys Zaid Rauf, Sascha Flatz, and Patrick Silber (from left to right) are defending the defendants in the trial regarding the wild sex party.(Bild: Sophie Pratschner)

However, the two Viennese men do not plead guilty. The older client of attorney Sascha Flatz was reportedly sent away by the bartender and the victim in the first place. Defense attorney Patrick Silber represents the 34-year-old: “When my client was there, the victim could not have been saved.” The jury agrees: Both defendants are acquitted with final and binding effect. 

And they also found no failure to render aid on the part of the 36-year-old bartender. The video clearly shows that he repeatedly checked on the man, brought him water, and more. For the sexual assault of a defenseless person, the Viennese man was sentenced to two years’ imprisonment, eight months of which are to be served in jail. The verdict is not yet final.