The 36-year-old bartender was convicted of abusing a defenseless person and will serve eight months in prison, with the remaining 16 months of his sentence suspended. The verdict concludes a trial that examined the tragic events of an after-hours party in a Viennese gay club.
The incident, which was captured on the venue's surveillance cameras, was detailed by the state prosecutor in court. According to the prosecution, several guests, including the victim, participated in a party involving drugs and alcohol. Over the course of the night, one of the men became increasingly unwell and eventually lost consciousness.
The prosecutor sharply criticized the defendants' failure to act, telling the court, "The death could have been completely prevented if only one of the accused had called for help." The video evidence reportedly showed the man lying motionless on the floor while the party continued around him.
During the trial, the court heard conflicting accounts. The bartender was shown on video performing sexual acts on the unconscious man. He told the judge he believed the man was only sleeping and that he was trying to wake him through stimulation. "I didn't worry at that point. He was snoring," he stated in his defense. While he admitted to the act of abuse, the court ultimately acquitted him of the charge of failing to render assistance, noting that the video showed he had, at times, attended to the man.
The other two men on trial were acquitted after the court accepted their arguments that one had already left the party and the other had arrived after the man had lost consciousness. Both of these verdicts are legally final.
Emergency services were only contacted the following morning. The victim was transported to a hospital, where he died later that day.
The case serves as a sobering reminder of the risks associated with chemsex, particularly concerning overdoses and the critical importance of seeking immediate medical assistance when someone is in distress.
