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Allegations of Sexual Offences
Allegations of Sexual Offences

Lawyer for Allegations of Sexual Offences

Allegations of a sexual offence are particularly distressing for everyone involved. Even the mere suspicion can have serious personal, professional and economic consequences, even where the allegation is later not substantiated. It is therefore all the more important to proceed calmly and carefully, to avoid misinterpretations, to safeguard the rights of those affected and to counter premature assessments. Attorney Dr. Elias Schönborn and his team advise and defend accused persons in selected sexual offences proceedings with particular care, discretion and clarity.
Allegations of Sexual Offences

Early defence in criminal proceedings

Allegations of a sexual offence are often an enormous personal burden for those affected and can quickly have far-reaching consequences professionally, privately and socially. Especially at the beginning of investigation proceedings, it is important to remain calm, not to make premature statements and to have the allegation carefully assessed from a legal perspective.

We support accused persons already in proceedings before the police and the public prosecutor’s office, in particular through inspection of the case file, examination of the allegation, preparation of the next steps and submission of written statements. The aim is a calm and clear approach that avoids misinterpretations and effectively safeguards the rights of the accused person.

Following an indictment, we also defend defendants at the court trial in cases involving allegations of a sexual offence and ensure that their rights are protected throughout the proceedings.

Defence against inaccurate allegations of a sexual offence

Not every allegation of a sexual offence proves to be sustainable upon closer examination. In this area in particular, misunderstandings, memory gaps, differing perceptions, subsequent reinterpretations or emotionally charged conflict situations can play a significant role. It is therefore all the more important not to assess the facts prematurely, but to examine the entire case file carefully and with the necessary distance.

This applies especially in proceedings that are strongly shaped by statements, personal perception and the overall context. An effective defence therefore requires exculpatory circumstances to be identified at an early stage, contradictions to be worked out objectively and misinterpretations to be avoided. The conduct of the persons involved before, during and after the alleged incident, as well as digital evidence such as chat histories, pictures, videos, location data or other digital traces, may also be of considerable importance.

The aim is a calm and clear approach that counteracts a premature consolidation of the suspicion and effectively safeguards the rights of the accused person.

Do you have any questions on this topic or do you need support? Feel free to contact us directly.

Dr. Elias Schönborn

Do you have any questions on this topic or do you need support? Feel free to contact us directly.

Dr. Elias Schönborn
Attorney at Law & Criminal Defense Lawyer

Protection against professional and personal consequences

Criminal proceedings involving allegations of sexual offences often do not concern only the criminal law level. Particularly for persons in visible or responsible professional positions, even unfounded allegations can have serious effects on their professional environment, reputation, economic interests and private life.

A calm and structured approach is therefore essential, taking into account not only the criminal proceedings themselves, but also possible consequential effects. These may include dealing with internal investigations, supervisory bodies, media enquiries, professional contacts or the personal environment. The advice is provided confidentially, discreetly and with the aim of avoiding misinterpretations, preventing unnecessary escalation and safeguarding the rights of the accused person as effectively as possible.

Our services in sexual offence proceedings

  • Discreet initial advice in relation to sensitive and reputation-relevant allegations
  • Representation in investigation proceedings before the police and the public prosecutor’s office
  • Preparation for and attendance at examinations of accused persons
  • Inspection of the case file and development of a defence strategy
  • Submission of evidentiary applications and written statements
  • Defence in the main trial hearing
  • Representation in appeal proceedings
  • Advice in connection with whistleblower reports and the conduct of internal investigations
  • Support with media statements and litigation PR

If you are confronted with an allegation of a sexual offence, have received a summons or if there are initial indications of possible proceedings, it is advisable to seek legal advice at an early stage. This allows the situation to be assessed in an orderly manner, unconsidered steps to be avoided and the further course of action to be carefully prepared. We take the time to understand your matter and advise you confidentially, calmly and with strategic foresight.

Dr. Elias Schönborn als erfahrener Rechtsanwalt und Strafverteidiger in Wien.

Dr. Elias Schönborn
Attorney at Law & Criminal Defense Lawyer

Suc­cess Sto­ries

Background: Our client, a scientist, was accused by several female colleagues of various sexual offences. The Public Prosecutor’s Office charged him with a total of eight offences, including allegations of rape and violation of sexual autonomy.

Challenge: The proceedings were characterised by six female prosecution witnesses, extensive chat communications in foreign languages and a particularly sensitive “he-said, she-said” scenario. A conviction would have carried a prison sentence of between two and ten years.

Approach: We analysed the statements of the prosecution witnesses in detail, prepared a targeted cross-examination strategy for the trial and evaluated more than 3,000 pages of foreign-language chat logs. On this basis, the witnesses were confronted with objective communication content during the trial, and significant contradictions were highlighted.

Result: The client was acquitted of all eight charges.

Background: Our client was under investigation on suspicion of rape. The complaint was lodged approximately three years after the alleged incident by a woman whom the client had previously met via a dating platform.

Challenge: The allegation concerned a private encounter that had taken place a long time ago and was based primarily on the complainant’s subsequent account, which was clearly influenced by a friend. It was therefore crucial to carefully analyse the evolution of her statements, the overall context and the behaviour of those involved following the alleged incident.

Approach: We submitted a comprehensive written statement in which we highlighted the contradictions in the complainant’s account and set out the objectively verifiable sequence of events.

Result: The preliminary investigation was discontinued within a few weeks.

Background: Our client, a senior civil servant, was under investigation on allegations that he had sexually harassed a female colleague during a Christmas party.

Challenge: Given our client’s professional position, the allegation alone had significant implications for his reputation and under civil service law. We therefore had to demonstrate swiftly, discreetly and precisely that the allegations made were not tenable under criminal law.

Approach: We analysed the alleged sequence of events, the statements of those involved and the context of the internal event. In a written statement, we demonstrated that the elements of sexual harassment had not been met and that the allegations were unfounded. We also requested the questioning of key exculpatory witnesses who refuted the complainant’s allegations.

Result: The preliminary investigation was discontinued.

Background: Our client, a teacher, was the subject of a preliminary investigation following an allegation of abuse of a position of authority. The complaint was lodged by a former pupil approximately 16 years after the alleged incident.

Challenge: The long period of time that had elapsed made it considerably more difficult to establish the facts of the case. At the same time, the allegation was particularly distressing for the client, both personally and professionally. It was crucial to critically examine the complainant’s statements, her motives and the alleged sequence of events.

Approach: We submitted a detailed written statement in which we demonstrated that the allegations were unsubstantiated. In particular, we highlighted that the complaint was shaped by a personal conflict and a clear current motive to make allegations against her former teacher.

Result: The preliminary investigation was swiftly discontinued.

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