Tag Archives: rape

#BelieveSurvivors: Washington state has nearly 6,500 untested rape kits

Justice moves very slowly for women in Washington state.

From MSN: More than 6,000 sexual assault kits that could potentially bring justice to thousands of rape victims in Washington state have not been tested, according to the state attorney general’s office.

In a Wednesday press release, the office of Washington state Attorney General Bob Ferguson said it determined there was a statewide backlog of 6,460 evidence kits after collecting inventory information from 208 law enforcement agencies in the state. Many of the kits have been in storage for years, with the oldest untested kit dating back to 1982.

The medical evidence kits contain biological samples collected from people who reported that they were assaulted. Authorities booked the kits into evidence but never submitted them to a crime lab for a DNA analysis.

Sexual assault survivors deserve justice,” Ferguson said. “Each sexual assault kit tells a story from a survivor that must be heard.”

(Well, they eventually might see justice.)

Washington state is among numerous other places where untested sexual assault kits have piled up. End The Backlog, a nonprofit organization that aims to address the issue, estimates there are hundreds of thousands of untested kits in storage facilities across the country.

Ferguson has been working to address the problem in his state. Late last year, his office received a $3 million grant from the U.S. Department of Justice to deal with the backlog. Since then, the office has received roughly $750,000, or one-quarter of the grant money, to conduct an inventory of the untested kits. The state legislature has also dedicated funding to the backlog.

The attorney general reported two types of rape kit backlogs. The first is the “unsubmitted” sexual assault kit backlog, which consists of kits that sit in evidence storage facilities because DNA analysis was never requested.

The second type of backlog occurs in crime lab facilities and involves “backlogged” sexual assault kits that have been submitted and are awaiting testing.

The kits could contain DNA from suspects who could be identified through the FBI’S national DNA database system. The central repository of DNA information contains biological evidence not only from sex offenders, but also from individuals arrested or convicted of federal offenses or other qualifying crimes, which vary by state.

The Seattle Times reported that King County prosecutors demonstrated the value of testing old rape kits on Monday, when they charged 53-year-old Darin Lamont Bolar in the sexual assault of a teenager in Seattle more than a decade ago.

The victim’s rape kit, which contained evidence collected in 2007, was not tested until last December. Between 2007 and now, prosecutors said, Bolar was able to commit additional “violent and sexually aggressive crimes,” according to the Times.

With backlogged rape kits now inventoried, Ferguson said his office will request the remainder of the federal grant money to pay for testing. Once the kits are tested, authorities can use DNA evidence to reopen cases, he said.

Testing the kits could “identify serial rapists, link cases across the country, provide critical links that could solve homicide cases and provide answers to victims and their families,” the attorney general’s office said.

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#BelieveWomen? Charges dropped against cop due to “sophisticated ruse”

This is why we have due process, proggies.

From MyNorthwest: All charges against a former Bellevue (Washington) police officer were dropped Monday when prosecutors stated that he did not commit the crimes he was arrested for, which were part of a “sophisticated ruse” put forth by the accuser.

KIRO Radio’s Hanna Scott reports that the King County Prosecutor’s Office is dropping charges against John Kivlin, and is not pursuing rape charges against another Bellevue cop Richard Newell.

According to court documents the accuser “fabricated evidence and used a sophisticated ruse to deceive Kivlin, law enforcement, prosecutors, and the court in order to have Kivlin taken into custody and charged with additional crimes. The result of the (accuser’s) fabrication was that law enforcement arrested Kivlin for crimes he did not commit, prosecutors filed charges against Kivlin for crimes he did not commit, and the court held Kivlin in custody for order violations which he did not commit.”

Kivlin was arrested in April and accused of assaulting his girlfriend twice. The two reportedly met on Craigslist and began a relationship in 2015. But the woman began making allegations against Kivlin and other Bellevue police officers in 2018. After Kivlin was arrested and released for the assault allegations, he reportedly contacted the woman in violation of a court order in July. He was then charged with witness tampering.

Kivlin was arrested again for contacting the woman in August. But prosecutors say the woman making the allegations was lying this time. After inspecting Kivlin’s phone and billing records, it appears that the woman got Kivlin to text with her using a fake name in August.

Prosecutor’s add that she admitted that rape allegations she previously made in 2009 and 2010 were also false.

Prosecutors said that they are not pursuing previous charges in light of the recent developments and the accuser’s lack of credibility.

The case has also wrapped up Bellevue Police Chief Steve Mylett in allegations. Those allegations are under investigation by the Bothell Police Department and have not been made public. Mylett has been placed on leave. Despite not initially knowing the nature of the allegations, the chief denied them.

The woman who waged allegations against Kivlin and Chief Mylett also accused another Bellevue officer, Richard Newell. No charges were filed against him. He has also resigned from the police department.

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Reminder of what can happen: Female blogger ordered to pay US Army colonel she accused of rape $8.4 million in damages

This story is from August 2017 yet it is relevant to what happened to Justice Kavanaugh during his confirmation circus.

One woman (and the media) cannot play “judge and jury.”

From Daily Mail: A jury has ordered a female blogger to pay an Army colonel she accused of rape a total of $8.4million in damages.

Susan Shannon, 52, who now lives in Everett, Washington, first alleged that she was sexually assaulted by Army Colonel David ‘Wil’ Riggins in 1986, while they were both cadets, on her blog in 2013. (Susan claims people lied at her trial and that the judge and jurors “denied” her. See her Twitter account – last used in 2017 – here.)

She said she waited three decades to come forward about her experience because of the army’s ‘code of silence’. But Riggins, also 52, who vehemently denied the claims, said the ‘false’ allegations had cost him a sparkling military career.

The combat veteran from Alexandria had been on the cusp of being appointed to general in 2013, when Army leaders saw Shannon’s rape allegation on her blog.

His promotion was snatched away and Riggins says his name was dragged through the mud after ‘Susan Shannon decided to play judge and jury on her own.’

The decorated colonel denied all claims, telling ABC 7 On Your Side at the time: ‘I did not rape Susan Shannon. I did not sexually assault Susan Shannon. Every aspect of (her) story is verifiably false.

The jury has now ordered Shannon to pay $3.4 million in compensatory damages for injury to his reputation and lost wages, and $5 million in punitive damages, ‘to make sure nothing like this will ever happen again,’ according to the Washington Post.

Shannon said at the time she had finally been inspired to speak about her alleged experience after reading about several high profile convictions for sexual assaults in the military.

Shannon alleged she was raped by her former cadet classmate at the United States Military Academy in New York in 1986. She dropped out shortly afterwards.

Now a jewelry designer and a mother living on the West Coast, she added that the pressure in the army to keep quiet and not turn in her peers meant that she did not even report the alleged rape at her exit interview.

She made the claims on her blog Short Little Rebel in 2013 – which followed the announcement that Colonel Riggins had been nominated for general.

Shannon denied having any knowledge of his nomination until she was contacted by Army officials investigating her blog post. 

Stars and Stripes has an extensive write-up of this story here.

DCG

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Slick Willie buddy and liberal hack George Stephanopoulos says “Trump always sides with men on sexual misconduct claims”

I bet he said that without any sense of irony.

From Fox News: Bill Clinton spokesperson-turned ABC News anchor George Stephanopoulos has been called out for hypocrisy after a combative interview with press secretary Sarah Sanders on Tuesday, when the “Good Morning America” star accused President Trump of always siding with men when it comes to sexual misconduct claims.

“It is absolutely amazing that Stephanopoulos has the gall to say it seems like President Trump is always siding with the men when it comes to accusations of sexual impropriety and sexual assault given his work in the Clinton administration,” conservative strategist Chris Barron told Fox News.

The interview started off with a series of questions about Deputy Attorney General Rod Rosenstein before the conversation shifted to the ongoing sexual misconduct allegations against Supreme Court nominee Brett Kavanaugh.

“The president consistently, every single time, takes the side of the man,” Stephanopoulos said.

Sanders fired back, “It’s interesting that you say that. It’s a lot of Democrats that like to ignore Keith Ellison and Cory Booker. They love to fight and champion women until they disagree with them.”

Stephanopoulos reminded Sanders that Al Franken lost his job over inappropriate sexual behavior.

“A number of other Democrats should have the same type of scrutiny,” Sanders said, before Stephanopoulos interrupted, “Every single time, the president has taken the side of the man against women accusers.”

Sanders said that Trump knows Brett Kavanaugh and has heard his story, explaining that there hasn’t been a “shred of evidence” to back up claims made against the Supreme Court nominee — but the “GMA” star quickly changed the subject.

“Maybe ABC should have found someone with a little more credibility around this issue to ask these questions,” Barron said. “Factually, Stephanopoulos is also flat wrong. President Trump has been a high-profile defender of women like Juanita Broaddrick who were victimized by President Clinton and demonized by the main stream media.”

Read the whole story here.

DCG

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Rape, strangulation and assault: Three attacks by homeless people in Seattle in less than a month

The homeless situation in Seattle/Q13Fox photo

In November 2015 the former mayor of Seattle, homosexual Ed Murray, declared a state of emergency in Seattle due to the homelessness situation. At that time, there was an estimated 10,000 people living on the streets. Fast-forward to May 2018 and the number of homeless people has increased to over 12,100.

The city has a very lax policy in allowing the homeless to commit drug offenses. The homeless openly use and drug dealers are frequently spotted at homeless hangouts. The city even allows drug use at some homeless shelters.

Now the homeless have become more brazen with their criminal activities. No amount of tax payer dollars is going to solve the problem until Seattle officials stop coddling these individuals.

From MyNorthwest.com: Police report there’s been another assault from a man, believed to be homeless, against innocent passers-by, this time a father and his daughter walking to the Cinerama in Belltown on Father’s Day.

The unidentified victims were on their way to a screening of “The Incredibles 2” when the suspect, David Ailep, allegedly followed the pair as they walked down the sidewalk. When the female victim tried to walk away from Ailep, he said to her “why are you laughing at me” and “stop laughing at me.” She wasn’t laughing at him.

According to the police report, obtained by KTTH 770 AM, she asked Ailep to get away from her, but he refused:

“She observed that Ailep had his right hand in his pocket (she noted that it looked like was holding a knife in his hand covered by his jacket pocket) and his left hand was up and back in a striking position like he was going to hit her,” the report says. “She feared that he was going to strike her, and she decided to pull out her ASP baton from her purse to defend herself.”

The female victim screamed at him to get away from her, but he refused, grabbing both of her arms, and rattling her back and forth until he was able to take the baton from her, according to the police documents. She yelled out in pain.

At this point, her father became aware of the assault and jumped into help, tackling Ailep to the ground. While on the ground, according to the police report, Ailep swung the baton at the father, hitting him “directly on the forehead” leaving a “visible swollen laceration” from the baton strike.

After police arrived in the area of the 9-1-1 call, they spotted a suspect matching Ailep’s description. When the two officers attempted to make contact with Ailep, he sprinted away on foot and, “without any instruction given to him,” laid on the ground to be detained.

One of the officers observed Ailep to be under the influence of drugs. He said Ailep had a difficult time staying focused, and appeared frantic and “in a complete stand of delusion or delirium.”

During the interview, he made random statements to the officer like “what’s in your sink man” and “I take showers.” He repeated random statements like “easy” and “twelve, thirteen, twenty-two.” The police report claims he “appeared to be suffering from the effects of a powerful psychedelic and or stimulant narcotic…” and claimed he performed oral sex for drugs. While he claimed his pockets were empty, a search found a folding knife, a cell phone, and a wallet that didn’t belong to him.

After his arrest for felony assault and theft, a King County Intake nurse advised Ailep was not suffering from mental illness but was “extremely intoxicated” from a stimulant narcotic. While the Seattle Police Department hasn’t confirmed Ailep is homeless, a source suggested they believe him to be.

This is the third high-profile homeless attack on a passerby in the last several weeks, with a rape in Ballard and a strangling of a tourist near the Space Needle occurring within weeks of each other. These incidents are occurring as Mayor Jenny Durkan asks for community support to place tiny home villages in residential neighborhoods. The South Lake Union village may be low barrier, which would allow someone like Ailep the ability to keep his drugs in his home.

DCG

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Previously deported illegal alien & child rapist re-arrested in Texas

illegal erazo eagle pass border patrol

Illegal alien and children rapist caught trying to get back into our country/Eagle Pass Border Patrol photo


From US Customs & Border Protection (DEL RIO, Texas): U.S. Border Patrol agents assigned to the Eagle Pass Station arrested a Honduran man, previously convicted of rape and indecent exposure to a minor, who attempted to re-enter the country after having been previously removed.
“Through diligent and tireless commitment to their duty, our agents have arrested another dangerous criminal attempting to enter the country illegally,” said Del Rio Sector Chief Patrol Agent Felix Chavez. “The potential hazards agents face when encountering such individuals cannot be understated.  I applaud the professionalism of our employees and their willingness to stand in harm’s way for the safety of the nation.”
On June 10, agents arrested David Milton Ulloa-Erazo, 34, for illegally entering the United States near Eagle Pass. Once at the station, records checks revealed prior convictions in Massachusetts in 2008, for rape and indecent exposure to a minor. Ulloa-Erazo was sentenced to eight years imprisonment for those crimes and was subsequently deported to Honduras.
Ulloa-Erazo faces prosecution for illegal re-entry into the United States – 8 USC § 1326 – which carries a maximum penalty of 20 years imprisonment.
The Del Rio Border Patrol Sector is part of the Joint Task Force-West South Texas Corridor, which leverages federal, state and local resources to combat transnational criminal organizations. To report suspicious activity call the Del Rio Sector’s toll free number at 1-866-511-8727.
See also:

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Lawyer for Houston serial killer Danny Bible says he's "too sick" to execute

danny bible

Rapist and murderer Danny Bible


Firing squad works for me.
From Houston Chronicle: Lawyers for Houston-area serial killer Danny Bible filed a civil rights suit Friday alleging the aging death row inmate is in such poor health that any attempts to execute him will end in a gruesome, botched procedure.
The so-called “ice pick killer” has Parkinson’s, bad veins and a slew of other medical conditions that raise the possibility of a prolonged and painful lethal injection process his lawyers argue could violate the 8th Amendment’s ban on cruel and unusual punishment.
The 66-year-old is scheduled to die on June 27.
“Texas will almost certainly join Alabama and Ohio and add itself to the unconscionable list of botched executions in America,” his attorney Jeremy Schepers told the Chronicle.
“Mr. Bible is an elderly, frail man who has been confined to a wheelchair for the last 15 years and his health is rapidly deteriorating,” he continued. “Recent medical evaluations confirm that his veins are inaccessible and unsuitable for placing an IV. Any attempts to carry out the execution will amount to torture, cause excruciating pain, and violate his constitutional rights.”
Bible’s bid for reprieve comes months after a high-profile botch that forced officials in Alabama to call off the execution of Doyle Hamm, a 61-year-old death row prisoner with lymphoma. In February, a lethal injection team there spent hours poking the condemned killer’s arms, legs and groin to find a usable vein before ultimately giving up as the midnight deadline approached.
Previously, Ohio saw similarly botched procedures in the attempted execution of Romell Broom in 2009 and Alva Campbell in 2017. Schepers writes that Bible is in worse health than Hamm, Campbell or Broom.
The Texas lethal injection preparation – a part of the process media and witnesses are not permitted to observe – involves inserting two IV lines, while the prisoner is strapped to a gurney.
But lying down causes Bible shortness of breath, and his lawyers argue that he would “likely be choking and gasping for air” during attempts to hook up IVs that may be “futile” anyway.
Bible’s legal claim, which lays out a “galaxy of medical issues” in detail over the course of 90 pages, names Texas Department of Criminal Justice officials and “anonymous execution team members” among its numerous defendants.
This isn’t the first time a Texas death row prisoner has fought his sentence by questioning the lethal injection process. Thomas “Bart” Whitaker – a Fort Bend man eventually spared by Gov. Greg Abbott – was one of three inmates behind a years-long suit alleging the drugs Texas uses could cause undue suffering.
And earlier this year, hours before his February execution, John Battaglia unsuccessfully tried winning a stay by raising concerns about two allegedly botched executions his lawyers said were caused by too-old drugs.
Both of those cases focused on the possibility that the drugs themselves would cause suffering, a claim that could more generally apply to any death row prisoner. Bible’s argument focuses more narrowly on the possibility that he, specifically, is unfit to execute.
“To my knowledge this is the first suit of its kind in Texas,” said lethal injection expert and death penalty lawyer Maurie Levin, who worked on the Whitaker and Battaglia cases.
In Bible’s case, his lawyers suggest that an alternative method – firing squad or nitrogen gas – would decrease the risk of suffering.
Bible was initially sent to death row in 2003, more than two decades after the crime that landed him there.
A former drifter, Bible’s lengthy string of violence dates back to at least 1979. That May, a passerby found the bloodied, half-naked body of Inez Deaton along the slope of a Houston bayou. She’d been stabbed 11 times with an ice pick before her killer posed her corpse by the water.
For nearly two decades, Deaton’s slaying went unsolved – but Bible’s violent streak continued.
In the years that followed, Bible terrorized women in the Midwest, once setting his girlfriend’s car on fire because he didn’t like her haircut. After he returned to Texas and settled west of Fort Worth, he murdered his sister-in-law Tracy Powers and her infant son Justin. Then, he killed Powers’ roommate, Pam Hudgins, and left her body hanging from a roadside fence.
Following those killings, he fled to Montana, where he kidnapped a woman and raped an 11-year-old girl, according to court records.
Eventually, he was caught and in 1984 he pleaded guilty to Hudgins’ murder. He was sentenced to 25 years for the killing and 20 years for a Harris County robbery. He was released on parole eight years later, under a since-repealed mandatory supervision law.
While still on parole, he raped and molested multiple young relatives, including a 5-year-old. Then in 1998, he raped Tera Robinson in a Louisiana motel room before stuffing her into a duffel bag when he became enraged that he couldn’t maintain an erection. The woman broke free and called for help.
Bible was eventually caught in Florida, and freely admitted to his crimes under questioning.
Weeks after he was sentenced, Bible narrowly escaped death during a head-on-collision on the way to death row. The officer behind the wheel of the prison transport vehicle, 40-year-old John Bennett, died in the wreck, while Bible ended up in a wheelchair.
In past appeals, Bible’s attorneys have used his deteriorating medical condition to argue against his execution, saying he can’t be a danger in his current state.
Texas has already executed six men this year, including another Houston serial killer, Anthony Shore. Aside from Bible’s, there are seven other death dates on the calendar in Texas.
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Victim of tolerance: Teenager, 14, raped and murdered in Germany by failed asylum seeker

ali bashar AFP photo

Perp Ali Bashar/AFP photo


From Daily Mirror: A failed asylum seeker has confessed to the rape and murder of a 14-year-old girl in Germany – where tributes have claimed she’s the ‘victim of tolerance’.
Susanna Maria Feldman was strangled and buried close to a railway track near a refugee camp in her hometown of Wiesbaden, Germany.
Ali Bashar, 20, was arrested by Kurdish security forces after fleeing Germany to Iraq on a ticket which did not match the name on his passport.
There he was interrogated by Iraqi police officers – where he is said to have confessed to the crimes. He is due to be sent back to Germany today.
This comes after a 13-year-old refugee told police in Wiesbaden that Bashar was responsible for killing the teenager. Bashar is a suspect in a string of other offences, including sexually assaulting an 11-year-old girl in the refugee camp and knifepoint robbery.
He arrived in Germany in 2015 with his parents and five siblings but his asylum request was refused, local media reports. Although he was due to be deported, he obtained temporary residence while he waited for his appeal to be heard.
Susanna went missing on May 23 after going out with her friends the previous night, but police did not investigate because she was “often truant.”
Tributes have now been left near the area she was found – including a cross with a sign reading: ‘Susanna, 14 year-old, victim of tolerance’.
Flowers and candles also adorn the makeshift memorial.
Her mother, Diana Feldman, wrote on Facebook before her daughter’s body was found: “There is nothing worse for a mother in the world than not to know where her child is.”
Now, the case has put renewed pressure on Merkel’s government over the decision to open Germany’s borders at the height of the refuge crisis in 2015.
Alice Weidel, the chief of far right party AfD, told the Times of Israel: “Susanna is a new victim of the egotistical and hypocritical welcoming policy of Chancellor Angela Merkel.”
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Philly mayor blasted for celebrating sanctuary ruling, despite past crimes tied to illegal aliens


From Fox News: The Philadelphia mayor, blasted by the White House after being filmed dancing in celebration after a judge ruled in favor of its sanctuary city status, was doing so because it was an “important moment for all Philadelphians,” his office said Friday, despite the city’s recent history of illegal immigrant alien-related crime.
A video tweeted by Mayor James Kenney’s deputy chief of staff showed him giddy after U.S. District Judge Michael Baylson ruled Wednesday that the Trump administration can’t withhold grants to the city over policies that limit local law enforcement’s cooperation with federal immigration officials.
“Mayor Kenney displayed excitement because it was an important moment for all Philadelphians, especially our immigrant community,” Deana Gamble, his communications director, told Fox News on Friday.
Gamble said the city’s policies are designed to ensure individuals’ constitutional rights are protected. “Philadelphia does not protect or harbor criminals and the judge also found that Philadelphia has historically cooperated [with] federal law enforcement agencies in fighting crime, which is beyond dispute and widely known,” she added.
Philadelphia previously has said it will only hand illegal immigrants over to Immigration and Customs Enforcement (ICE) agents if they show a warrant signed by a judge.
But ICE, as recently as May, have been carrying out operations in the Philadelphia metro region that it says target “criminal aliens, public safety threats, and individuals who have violated our nation’s immigration laws.”
“Many people in Philadelphia have been killed, raped or assaulted at the hands of criminal illegal aliens,” White House spokesman Hogan Gidley told Fox News yesterday, calling Kenney’s dance “disgusting.”
Outside of the raids, illegal immigrants aliens who have committed crimes or fugitives who have been deported from the Philadelphia area in recent years include:

  • Milton Mateo Garcia, who was sentenced in 2016 to up for 44 years in state prison after being convicted two years earlier of raping a young woman in Philadelphia’s Center City neighborhood. Garcia, a restaurant kitchen worker from Honduras, came to be known as the “Rittenhouse rapist” after he grabbed a 26-year-old woman by her neck outside of her apartment and pushed her inside, where he sexually assaulted her. Federal officials at the time said Garcia, 28, had been living in Philadelphia illegally and had already been deported at least once before he targeted the woman. Following the announcement of the lengthy sentence, Philadelphia District Attorney Seth Williams said “Garcia does not belong on Philadelphia’s streets and, as a result of today’s sentencing, he won’t be anymore.”
  • Darlin Navarro-Turcos, also from Honduras, who was sent back to the Central American country in 2015 after being convicted of assault in association with the stabbing death of a man on a Philadelphia street a year earlier. Navarro-Turcios, who had been going by the alias Darlin Mendoza-Sanders, served a year in jail over the attack and had entered the country illegally in March 2003, ICE said. Prior to the murder, he was convicted of driving under the influence. “The crime this criminal alien is associated with is heinous,” said Tom Decker, director of ICE’s Philadelphia Enforcement and Removal Operations office.
  • Edwin Estuardo Martinez-Ortega, who as an 18-year-old was deported from Philadelphia in 2014. Martinez-Ortega was identified by ICE as a fugitive wanted on murder charges in his native country of Guatemala, and was picked up by agents after they found him at a barber shop in Warminster, just north of Philadelphia. ICE said they were tracking his presence in the area after his brother Nectali Ortega-Duarte was arrested in 2011 and deported to Guatemala on charges linked to the same crime.

Federal authorities said they swept up 49 immigrants in the Philadelphia metro area in late May of this year during a “targeted enforcement operation” aimed at “criminal aliens, immigration fugitives, re-entrants, and other immigration violators.”
“This operation resulted in multiple arrests of criminal aliens, public safety threats, and individuals who have violated our nation’s immigration laws,” Philadelphia Acting Field Office Director Gregory Brawley said after the sweep. “Some of these dangerous individuals had been released to the streets instead of being turned over to ICE on our detainers, which compromises the safety of the homeland that ICE officers strive to protect every day.”
ICE did not reveal the identities of those taken into custody, but said they included a 52-year-old Mexican illegal immigrant alien who was charged with simple assault and terroristic threats, and a 26-year-old Haitian illegal immigrant alien who had been “convicted in the Common Pleas Court at Philadelphia, of robbery, possession of an instrument of crime, simple assault, and criminal attempt-theft by unlawful taking.”
Read the whole story here.
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Teacher Gang Raped By 9 Iraqi Immigrants in Vienna Attack

rapefugees
From Express UK: Prosecutors charge the Iraqi men with “abuse of a defenceless person and rape in a very humiliating and agonising way for the victim”.
At the opening of the trial yesterday the court heard how the woman identified as Sabine K. was “blind drunk” when she went with the men to an apartment. Most of them deny the charges but DNA proved that sperm from six of them was found in or on her body.
The court heard how the victim arrived in Vienna on December 28, 2015 to spend the New Year with a female friend in the city. Shortly before midnight on December 31 they wandered into the city centre to join milling crowds celebrating the arrival of 2016 and at 2.00am were seen drinking in a bar-restaurant called Cactus.
Shortly before 3.00am the friend of Sabine noticed she was no longer there and was told by another patron that the men she had been talking with had “taken her away.”
The defendants, aged between 22 and 45, all arrived in Austria between May and December 2015 via the Balkan route. At the time of the attack, five of them had cemented their right to stay, the applications of the other four were still pending.
Judge Petra Poschalko heard how the woman was taken by four of them to an apartment in Vienna’s Rustenschacher Allee where five other men were waiting. Sabine later said she found herself naked on a double bed being assaulted by the men one after the other. Evidence was heard that said she was assaulted in the dark so she could not identify the men, according to her lawyer Karina Fehringer.
After the attacks, which went on for several hours, the victim needed in-patient treatment at a trauma clinic and now is under psychiatric care for post traumatic stress disorder. She had another breakdown at the weekend and was too fragile to be in court to face her attackers.
Only one man, Mohamed Al-A., 31, admitted his role in the rapes and he sobbed in court and said he was “really drunk” on vodka at the time. And he further admitted: “This act is a crime in Iraq.”
He was with co-defendants Nazar Al-J., Mohammed Al-T. and Alaa Al-J. in the Cactus bar who took the victim back to the apartment. The other defendants – Hader Al-A., Mustafa Al-J., Nael Al-J., Marwan Al-J. und Sabah Al-J. – lay in wait for her there. Medical experts testified she was raped multiple times and sodomised.
The victim said she yelled at them, in German: “No, I don’t want this.” Then in English: “Listen to me, just a little bit.” Her attackers conversed only in Arabic.
Alaa Al-J. was said to be the rape ringleader. After it was over Mohammed Al-. escorted her to a toilet in the flat where he took a selfie with her on his mobile phone. Later he and Alaa Al-J. escorted her to a nearby tram stop where they tried to stem her sobbing by saying in English: “Don’t cry.”
After she went to police a tracking app on her mobile phone led officers to the rape scene. The app showed that her ordeal lasted from 4:20am to 6:20am on January 1 2016.
The court heard that with the exception of the man who confessed, none of the others feel guilty. Several denied rape in the face of the DNA evidence. One man claimed that the woman had been “offered” to them by relatives: another that she was a willing participant in whatever took place.
Judge Poaschalko seemed visibly angered at the shifts in their stories throught Tuesday’s hearing. The court resumes again on Thursday and sentencing will be handed down on March 6. She has warned them they face up to 15 years each in jail.
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