The judgment of the District Court of Zurzach is made in writing.
Sandra Ardizzone
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A lot was at stake for the 37-year-old. The owner of a restaurant had to answer to the Zurzach District Court for attempted rape and sexual assault. He was supposed to be imprisoned for three and a half years, then expelled from the country for ten years – he originally comes from the civil war country Syria, more precisely from the Kurdish region in the north of the country, which is still heavily contested today. If he were to be repatriated, his defense lawyer said in a plea, his client would have to fear for life and limb.
The attack is said to have occurred last May. The alleged victim had previously helped out in the accused’s bar. Financially, the then 18-year-old was not in good shape and wanted a permanent job. The defendant promised her a 50 percent job via Whatsapp, and they agreed to meet for the following day.
The interview should quickly degenerate
However, the conversation in the kitchen should not have long been of a business nature. The defendant soon asked her if she wanted to satisfy him, pulled her closer and touched her thighs. When she wanted to turn away, according to the prosecution’s indictment, he pushed her from behind, groped her and pulled her pants down.
His attempts to penetrate the young woman vaginally were unsuccessful – which is why the incident was reported “only” as attempted rape and sexual coercion. The defendant is said to have satisfied himself in the end.
Half a year ago, the defendant had sent the young woman lewd WhatsApp messages. He expressed his desire to want to have sexual intercourse with her. Compared to court president Cyrill Kramer, the woman assured that she did not expect that it would “come to this”. When he violated her, she kept telling him that she didn’t want that. She did not fight any further – in view of the kitchen knife that was at hand, she feared that he might use violence against her if she defended herself more strongly.
After he had satisfied himself, the defendant is said to have put a 100-franc note in her bra. She then pulled up her pants and went home. On the way home, she sent him photos of her ID on Whatsapp – apparently, despite the incident, she was still interested in a permanent position.
The defendant’s attorney saw this as an indication that the sexual acts were consensual. The young woman told the court:
“I don’t deny that I had money problems back then, I saw no other way out than this job. But I would never prostitute myself for money. I certainly didn’t do that voluntarily. “
Her defense attorney added that this made it clear to what extent the defendant had taken advantage of her client’s financial plight.
A friend of the alleged victim is said to have experienced something similar
Only after a few days did she reveal herself to her partner, parents and friends. A friend reported having had similar experiences with the gastro operator. “I knew then that I had to report him. He must not get away with it, »said the woman. As a civil plaintiff, she demanded satisfaction of 4,000 francs. Since then, she has had massive sleep disorders and can only sleep with strong medication. There are also panic attacks and flashbacks – sometimes it’s just too much when people are behind her in the supermarket. Stays in Königsfelden followed three times, once because of a suicide attempt.
“Everything is consensual,” said the defendant
The defendant’s attorney tried to cite the alleged victim’s previous mental illness as evidence to question her credibility. The confused statements of his client raised more questions about his credibility. He denied sexual acts during the first police interrogations. Only later did he admit this. Her looks were “inviting”, she sat provocatively on his lap and pulled down her pants to seduce him. Everything amicably, the 100 francs your “wages”.
For his defense lawyer, this version and thus the knowingly or unknowingly false testimony of the woman is no less credible – he demanded the acquittal of his client. If the court should convict “contrary to expectations”, it would result in a maximum of two years’ imprisonment and, given the hardship of his client, without expulsion from the country.
The Zurzach District Court will announce its verdict in writing; the verdict had not yet taken place at the time of going to press.
Have you had any experience of physical, emotional or sexual violence? You can find help here:
https://opferhilfe-ag-so.ch/
Telephone: 062 835 47 90.
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