In June of 2021, a 13-year-old Austrian girl named Leonie was found dead in Vienna, her body propped up against a tree. The girl had been drugged and raped prior to her death.
This week, charges have been officially filed against three Afghan men for rape-but not for murder. Under Austrian law, apparently, the prosecution has to prove intent to murder. The indictment charges the men only for intentionally raping Leonie, but does not state they tried to kill her.
All I can say is that our law is different. In the US, these men would also be facing murder charges. If your victim dies while you are raping her, that's murder.
The below article from Kronen Zeitung is translated by Fousesquawek.
Threat of life imprisonment
"Leonie Case": Charges, but not for murder
Caption: In Vienna, people mourned Leonie
Leaned against a tree in a Vienna green strip- that's how 13-year-old Leonie was found, after she experienced terror the night before. The prosecution has now brought charges against three alleged Afghan perpetrators. Nothing stands in the way of the trial!
Unsuspectingly, the young girl met with the three men on the evening of June 25. She knew one of them from Instagram and fleeting meetings-he would always offer her drugs. On this evening, she decided to take an Ecstasy tablet and went with the three men to an apartment in the 22nd district.
Choked from overdose
According to the charges, the three allegedly decided at this moment to put her under the strong influence of drugs and rape her together. The prosecutor is certain that the young men violated the unwilling and defenseless Leonie-they gave her 7 Ecstasy tablets beforehand. The girl was defenseless (and) at the mercy of the Afghans. After about one-and-a-half hours, Leonie choked from an overdose. She was found the next day on a green strip leaned against a tree.
No murder charge
After a long investigative process-originally, the number of perpetrators was unclear, one of the men fled, another lied about his age- now charges could be filed. Namely, rape and severe sexual abuse of a minor. Not for murder, however. According to the law, the intent of the crime must be considered. The men allegedly only planned to rape Leonie, not to murder her.
Up to life imprisonment
The penalty is the same, however, for both crimes. The first defendant is facing up to life imprisonment. At the time of the crime, he was 22 years old, thus, of legal age. The other two were just 18 years old and are considered young adults under the law. They are facing a sentence of 20 years. Defense attorney Wolfgang Haas is representing one of the defendants in the trial.
According to the indictment, the previous accounts of the men differ greatly (as reflected) in the reports. They either did not intend to rape her or had consensual sex with her, and knew nothing of the Ecstasy overdose. When the trial will take place has not yet been determined.
-Sophie Pratschner
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