New Trial Against Former Teacher in Graz: Lay Judges' Court Must Reassess Sentence and Detention

The OGH had identified a statutory error (nullity) that led to the annulment of both the original sentencing and the order for detention. Specifically, the supreme court objected that the lower instance had partially based the detention measure on the offense of extortion, even though such a measure is permissible for property offenses such as extortion only under restricted conditions. Following a decision of the Supreme Court of Justice (OGH), the lay judges' court must decide anew on the severity of the sentence … and rule on the question of committal to a forensic-therapeutic center.

In the first trial, the defendant had been found guilty on nearly all counts. The conviction included charges such as obtaining sexual images of minors, sexual abuse, abuse of a position of authority, attempted coercion in several cases, extortion, deception, defamation, suppression of evidence, and false testimony. The defense stated on Tuesday that their client was guilty, but opposed committal to a forensic-therapeutic center.

The Defendant's Modus Operandi

As the previous verdict showed, the former teacher had used fake social media profiles to obtain nude photos of more than a dozen students, who had been induced to send nude photos via fake social media profiles. Over the course of years, he posed as a girl in order to gain the trust of his male students and induce them to send him intimate photos and videos. The students had been "fully credible" and had "had no reason to invent the abuse in such detail," the presiding judge had stated in the first trial.

The presiding judge had moreover described the case as a "net of intrigues and deceptions" and accused the defendant of showing "zero empathy." The court had given greater credence to the students' accounts than to those of the defendant, who had admitted some of the charges but denied having physically touched the youths.

Expert Reports and Evidence

Thirty data carriers were seized from the man. A technical expert found more than 6,000 photos and videos of a sexual nature on them, predominantly showing boys – in some of the images it was to be assumed that the victims were under 14 years old, according to the expert. A psychiatric expert had, in the first trial, diagnosed the defendant with a severe preference disorder and established pedophilia. The expert assessed the risk of recidivism without therapy as high and recommended committal to a forensic-therapeutic center.

The retrial follows the OGH's decision. The defendant had filed an appeal against the original verdict, as a result of which it did not become final. The lay judges' panel must now decide anew on the sentence and on detention.

Outlook on the Further Proceedings

The procedure illustrates the legal complexity of the case: while the conviction on the main counts is likely to stand, the severity of the sentence and any measures must be reassessed in full. The taking of evidence on Tuesday was to take place without an audience, with a verdict expected around midday.

Overall, the case shows how a single formal error in the reasoning for a detention measure can trigger a full retrial, even though the guilty verdict itself is not necessarily in question. The Graz Regional Criminal Court is thus tasked with carrying out the reassessment prescribed by the OGH in a manner consistent with the law.