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Identity theft victim hounded by Austria for child support

A German man who was falsely accused of fathering an Austrian boy and received demands for child support payments after his identity was stolen has said he plans to sue the Austrian authorities for damages.

Identity theft victim hounded by Austria for child support
Horst with his real son. Photo: Private

The 32-year-old man, named in Austrian media only as Horst W., said he was astonished to receive a letter from a court in the state of Salzburg in January last year, informing him that he owed child support of at least €200 a month to an Austrian woman and her then five-year-old son – who he was supposed to have fathered. He was told the payments were due until 2020.

“I was stunned,” Horst, from Leverkusen, said. He had never met the woman from Kuchl in Salzburg before, and realised that he must be the victim of identity theft. In 2011 he had received a call from the police telling him that an identity card he had lost in 2007 was being used in Austria.

Horst said that a long battle with Austrian bureaucrats followed. “It was all very hectic. I had to find a lawyer as soon as possible – and at first nobody wanted to take the case on,” he told Austria’s Kurier newspaper.

On June 15th last year he had to appear in court in Hallein. “The court quickly established that I couldn’t be the boy’s father, because I never had sex with the woman – something she testified to.”

However, the Austrian youth welfare authority refused to believe the court’s verdict and continued to pursue Horst for the child support payments.  “They had found a scapegoat and they insisted I pay”, he said. It was only when he got in touch with an Austrian television series which was investigating controversial court cases that the youth welfare authority backed down.  

Hallein district commissioner Helmut Fürst said that he only found out about the case when he was contacted by journalists from Austrian broadcaster ORF. “The next day I told the youth welfare office to withdraw their demands,” he said, conceding that officials had gone totally overboard but that they had only been “prioritising the child's welfare”.

In mid-December Austria’s supreme court ruled that Horst was not the father and he was finally off the hook. However, he still owes his lawyer more than €4,000, which he says is “a hell of a lot of money” considering he doesn’t earn much from his job as a chef in a canteen and he has his own family and young son to support.

He has taken out a loan to cover his lawyer’s fees and now wants to sue Hallein’s youth welfare office for damages. “We’re still considering what to do, but a lawsuit looks likely,” his lawyer Karl-Heinz Pühl said.

Horst still hasn’t received an apology from the Austrian officials but says that he feels sorry for the Austrian single mother and her son. “She apologized to me for what had happened. I thought she seemed really nice. She seemed quite sad – she had fallen in love with a man she never really knew.”

Meanwhile police in Austria are still looking for the fraudster and real father of the boy and say that there have been reports matching his description in Upper Austria, Styria and Salzburg.

“We’re certain that he will soon be found,” police spokeswoman Valerie Hillebrand said.

For members

CRIME

Are there ‘young gangs’ forming in Vienna?

If you read Austrian tabloid media, Vienna has a 'gang' problem, with several crimes committed by groups of young people in recent months. But is that true?

Are there 'young gangs' forming in Vienna?

Austrian tabloid media jumps on such stories: a group of teenage girls breaking into cars in Linz or vandalism and robberies committed by young people in Vienna. Particularly in the capital, it seems that there was a rise in crimes committed by groups of young people. But does that mean that Vienna has a gang problem?

According to the newspaper daily Der Standard, the Vienna Provincial Police Directorate (LPD) repeatedly states that the much-cited youth gangs do not exist but that there is “an increase in young people appearing in groups and committing offences”.  

What does that mean, and what is the difference between “young people appearing in groups and committing offences” and gangs?

According to the police: “The term gang is commonly used in everyday language – without a precise definition in this context. In criminal law, however, the term is clearly defined. From a criminal law perspective, a gang is an organised, hierarchically structured group of people intent on committing offences on an ongoing basis.”

READ ALSO: Which crimes are on the rise in Austria?

According to the police, they are dealing with “groups that come together spontaneously” and are not “hierarchically organised.” These groups mostly commit “thefts or minor robberies” but are not criminal organisations. 

So, technically, Vienna does not have a “youth gang” problem, but it does have an increase in young people in groups committing crimes – though the police didn’t share official numbers.

A recent Kurier report stated that the number of crimes committed by young people and children under the age of 14 has doubled in the last ten years.

At the same time, there has only been a slight increase among young people over the age of 14 and even a decrease among young adults. The main crimes committed by young people and adolescents are theft, damage to property, assault, burglary and dangerous threats.

Christian Holzhacker, Head of Education at the Association of Viennese Youth Centers, told Der Standard that it is important not to “stigmatise” an age group and that the word gang is often used in an “inflationary way”. He points out that in relation to the size of the Viennese population, the number of minors committing crimes is small, even if it is increasing.

He also highlighted that stigmatising regions or groups of young people who get together in public spaces is not the answer. “If you want to fight crime, you have to look at the realities of the lives of the people who have committed crimes,” he said.

READ ALSO: Is Vienna a safe city to visit?

What are the police doing about the crime?

Austria’s federal criminal police office has gathered a new special task force to combat youth crime (EJK). According to the Ministry of the Interior, the idea is to recognise the new phenomenon and combat youth gangs in Austria. 

The task force is set to carry out checks in public spaces, particularly in urban areas and “potential hotspots”, Kurier reported.

The task force also set up a “panel of experts” to suggest how parents can be more responsible, how children’s use of social media and cell phones can be improved, and how the asylum system can better accommodate young migrants.

However, Dieter Csefan, head of the task force, told Die Presse that most young offenders were born in Austria.

“There are unaccompanied minors, but the young people we meet in the groups and gangs usually have parents. And the prolific offenders often come from a normal home. They can also be native Austrians. So it’s not always just Afghans or Syrians”, he said.

He also mentioned that “lowering the age of criminal responsibility is one suggestion” to fight crime. Currently, the age is set at 18, but there are discussions and proposals to lower it to twelve. However, “that alone is not necessarily enough”, he added.

READ NEXT: Which parts of Austria have the highest crime rates?

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