Three men accused of raping woman in Oberwart

The then only 17-year-old had told the police that three men had used violence to force her to have sex.

However, according to the Eisenstadt public prosecutor’s office, this information is incorrect. The young woman is said to have given false testimony and innocently exposed the three men named to official prosecution.

Consequently, the now adult had to answer in court for defamation and false evidence in the previous week.

The suspect was heavily intoxicated during the incident

“As a precaution,” his client will plead guilty, the defense attorney announced. “However, the fact is that at the time of the testimony she was significantly intoxicated and exaggerated a bit due to the intoxication,” he added.

When the woman was with the police on June 12, 2022, about three hours after the alleged rape, she still had 1.3 per thousand alcohol in her blood.

At the time of the alleged crime, it must have been 1.6 to 1.7 per mille, the defender calculated.

And he wondered “whether it might not have been sexual abuse of a defenseless person because she wasn’t able to say no.”

Requested exclusion of the public

Thus, his client’s statement to the police would have been justified. The legal classification of the fact is not reasonable for a laywoman, said the defense attorney, who requested the exclusion of the public for the following process.

The woman eventually received a diversion: she must do 80 hours of community service, then the case against her will be dropped.

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