Five years in prison for rape in front of a subway station

2023-09-12 10:51:11

After initially denying it, following a lengthy discussion with his defense attorney in an adjoining room, he confessed in full and did not want to provide any further information.

The 26-year-old woman had celebrated with colleagues at the U4 discotheque on the night of March 18th and wanted to take the subway home early in the morning. The Tunisian had also left the restaurant around 5 a.m. and spoke to the young woman as he was leaving. “I saw that she was smiling at me. I was happy that a pretty woman was smiling at me,” the accused told the jury.

Chased through half the city

According to the prosecutor, the two kissed, but the young woman didn’t want it to continue and said “no” to the 24-year-old. But he didn’t let go of her, it went so far that the 26-year-old bit his lip and got help from a couple in the U4 set. The two even offered to accompany the young woman home. Since the 24-year-old was no longer visible, the 26-year-old refused. After she changed to the U6 and got off at the Jägerstrasse station, she texted the couple that everything was fine. But suddenly the Tunisian stood in front of her and passed her.

In truth, the young man had hidden in another carriage and later behind pillars and pursued the woman – as was shown on footage from the Wiener Linien surveillance camera. Completely unexpected for the 26-year-old, the 24-year-old pulled her to the ground immediately following leaving the ward and raped her. The young woman fought back violently and tried to reach for her cell phone to call the police. But the accused slapped it out of her hands.

Confession following speaking to lawyer

In his first responsibility he spoke of consensual actions and said: “I didn’t use any violence, she fell to the ground on her own.” He was worried regarding the woman. “She grimaced,” said the 24-year-old. He then asked several times in English whether she was OK.

After speaking to his lawyer Manfred Arbacher-Stöger, he made a full confession. DNA traces also supported the statement of the victim, who joined the proceedings with an amount of 5,000 euros. The 26-year-old testified behind closed doors and in the absence of the defendant.

Courageous witness

Passers-by finally noticed what was happening and came to the woman’s aid. The suspect fled. However, he was followed by a witness, caught up and caught, so that he might be arrested by the police. Without his help, the perpetrator might not have been identified so quickly.

As it has now emerged, the Tunisian, who had previously had no criminal record, had already been deported from Austria once due to a lack of residence permit. Last year he came into the country illegally once more, this time without any documents at all. Recently, he neither had a regular job nor did he have an official registration address. He is currently in custody. In her verdict, the judge spoke of a “particular ruthlessness and impudence” in the fact that he did not let go of the woman, even though she said “No, please don’t” several times. The confession only played a marginal role in the verdict due to the material evidence, said the chairwoman. The accused showed “high criminal energy”. While the defendant accepted the verdict, the prosecutor announced an appeal.

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