The defendants, who were 17 and 22 years old at the time and had already been convicted several times, met the girl by chance on the street and took them to the first defendant’s apartment. There, unprotected sexual intercourse occurred with both men, although, according to prosecutor Wolfram Bauer, the girl had revealed her true age to them in the apartment. The 13-year-old suffered from massive psychological problems, often ran away from home, sometimes didn’t go to school and sometimes lived on the street, the public prosecutor outlined. The girl, who was under the influence of addictive substances, asked the men regarding cigarettes and then smoked a joint with them.
The 13-year-old went into the apartment “because she was hoping to get other drugs,” said the prosecutor. The prosecutor emphasized that it was “completely clear” to the defendants that the girl was still a child: “They didn’t care.”
More on this: 13-year-old abused: “I’m ashamed to have slept with a child”
DNA report proves intimate contact
A DNA report shows that both young men had intimate contact with the 13-year-old. The younger man – now 19 years old and the father of a small daughter himself – was not aware of any guilt: “He didn’t expect that she was under 14,” said his defense attorney. For him, the girl was “not a child, but a teenager,” as the man, who had already been convicted three times despite his almost young age, said at the start of the trial at the beginning of February. It was consensual sex.
The older defendant, now 24 years old, admitted that he had been “worried and worried” regarding the girl’s age. He “judged her to be young, younger than me. I had no intention of sleeping with a child or having sex.” At the time he was “high” and massively impaired by alcohol and drugs. When he found out during the course of the investigation that the girl was not yet 14, “it was a shock for me. I’m incredibly sorry. I’m ashamed of it.”
A TikTok video was played in the courtroom that was recorded on the night of the crime and shows the two defendants and the then 13-year-old girl in the younger defendant’s apartment. It shows the extremely childlike, heavily made-up 13-year-old looking into the camera of a cell phone with glassy eyes and visibly slowed down while holding a joint in her left hand. The 24-year-old then begins to look for her and presses a kiss on her cheek.
Tracked down by sister
The 13-year-old was tracked down the next morning by her older sister, who was worried because the girl hadn’t come home once more. She found the missing person using a cell phone tracking app. When she knocked on the strange apartment door and was let in, the 13-year-old was in such a weakened state that she was unable to put on her shoes. The sister had to help her into this.
The 24-year-old already has six previous convictions. In 2015 he was convicted of robbery for the first time, and in 2016 he received two years’ unconditional prison sentence for an armed robbery. In the previous year – and thus following the abuse case at issue – he was sentenced to six months unconditionally because he had committed a hit-and-run traffic accident while under the influence of drugs.
