Court lifts pre-trial detention for convicted rapist — because appointment was overslept

According to the report, there had already been problems around the first trial against the 21-year-old. He also failed to appear for his first main hearing on August 21, 2025, at 11:20 a.m. As his reason, he stated that he had wanted to notify the court of his non-appearance, but had been unable to reach anyone. The court had been unable to reach him at his phone number, and a "sofortige Vorführung" (immediate presentation/aprehension) carried out by the city police command at his registered address was likewise unsuccessful.

According to his own statements, the 21-year-old said he had forgotten about the later court date because he had been working in a different federal state. The court noted in its reasoning that his absence from the main hearing and the contradictory, changing explanations did show a tendency "sich der zügigen Durchführung des Verfahrens zu entziehen" (to evade the swift conduct of the proceedings). The court was equally unable, however, to identify a risk of reoffending.

Higher Regional Court lifts detention

The 21-year-old filed a complaint against the subsequently imposed pre-trial detention with the Vienna Higher Regional Court — and prevailed. As Der Standard further reports, the court ordered his arrest in September "ausschließlich wegen des Haftgrunds der Fluchtgefahr" (exclusively on the ground of flight risk). Just three days later, in the night of October 6 at 12:15 a.m., the Syrian was finally apprehended by police and released from detention "sofort" (immediately).

According to the report, another offense is said to have already occurred in July during the time he was at large: the 21-year-old allegedly lured a 16-year-old in Vienna into his car and sexually abused her. In the following May, the man, who had been previously unconvicted, was charged on those grounds.

Further allegations during the time at large

The available court decision shows that the 21-year-old Syrian had originally been charged in May and was legally convicted of rape in December of the previous year. He was to have served his outstanding prison sentence at the Wiener Neustadt correctional facility.

The case raises questions about the practice of detention review. While the court of first instance did identify a tendency toward procedural delay, the Vienna Higher Regional Court apparently assessed the circumstances differently. Against the backdrop of the further allegations later brought, the decision has attracted considerable public attention.

Der Standard and OE24 TV reported on the case in agreement. According to them, the accused is said to have stayed in a different federal state and claimed to have been working there. Whether and when he will begin serving his sentence after all remains open based on the available information.