The judgment, which also imposed a ban on activity, is now legally binding. However, due to a loophole in the law, the man now has a good chance of not having to serve the unconditional sentence of five months.
The now 42-year-old met a player who was 15 years old at the time for sex in his apartment after he began exchanging kisses and caresses with the girl who was entrusted to him as a coach after her 14th birthday. Since there was no violence involved and the person affected – as well as the other two girls against whom the man exhibited aggressive behavior – was no longer an underage minor at the time, he was charged solely with abuse of authority (§ 212 StGB). sentenced. This provision provides for up to three years in prison if someone, taking advantage of this position, performs or has a sexual act performed on a minor who is under their upbringing, training or supervision.
Electronically monitored house arrest
In principle, electronically monitored house arrest – the so-called ankle bracelet – can be considered for convicted criminals if the prison sentence to be served or the part of the sentence that must be served does not exceed twelve months. However, further criteria are used for sexual offenders. They will only be granted the ankle bracelet after they have served half of the sentence imposed on them, but at least three months. However – and the ex-football coach now benefits from this – the sexual offenses for which it is compulsory to be sentenced to a prison and serve at least part of the sentence are listed exhaustively in the Penal Enforcement Act (StVG). The abuse of an authority relationship is in Section 156c Paragraph 1a StVG – in contrast to rape, sexual coercion, sexual abuse of a defenseless or mentally impaired person, sexual and serious sexual abuse of minors, possession, distribution or production of graphic sexual-related child abuse material and sexual abuse of young people – but not mentioned.
This means that the ex-football coach’s application for electronically monitored house arrest would probably be approved if he has suitable accommodation, receives an income with which he can support himself, and if any people living in the same household as him have no objections . In order to comply with the StVG, it would only have to be ensured that he does not abuse the electronically monitored house arrest.
During his trial, the man did not confess to the most serious points of the accusation. The first court had imposed an indefinite ban on him from working as a trainer and carer of children and young people, which was confirmed by the Higher Regional Court (OLG) in Vienna, as was the prison sentence imposed.
