The State Prosecutor in Viborg has appealed the verdict in a case concerning assaults on homosexual men in Odense to the High Court, seeking to determine if the crime qualifies as a hate crime. The prosecution aims to have all four boys involved held accountable, arguing that the initial sentencing was too lenient.

The State Prosecutor will ask the High Court to assess whether the assaults constitute a hate crime, according to a press release issued on Tuesday. The case involves an incident where four boys were charged with assaulting three homosexual men in Odense in September of the previous year. The victims had arranged to meet the perpetrators through a dating app popular among homosexuals.

During the initial trial at the Court of Odense on June 24, two of the boys were acquitted, while the other two were found guilty of aggravated assault, but not of committing a hate crime. State Prosecutor Jakob Berger Nielsen stated that the High Court should reassess the case, emphasizing its seriousness as a planned assault on three random individuals. He also noted the lack of consensus in the city court’s assessment.

The prosecution contends that all four boys participated in the assault and requests that the High Court review this aspect of the case. They also believe the initial sentences were too lenient and are seeking a determination on whether the assaults should be classified as a hate crime. The two boys convicted of aggravated assault, aged 15 and 16, received sentences of seven and eight months in prison, respectively. In both instances, one month of the sentence was unconditional, with the remainder suspended and a one-year probationary period.

Evidence presented during the trial indicated that insults such as “homo” and “pedophile” were used during the assaults. The convicted individuals claimed they believed they were confronting pedophiles. However, the court found no evidence to suggest the victims expected to meet a minor and believed they were meeting a 24-year-old. The Court of Odense’s decision to acquit the two of a hate crime was based on their denial of intending to assault homosexuals. The court also highlighted that the insults directed at the victims primarily concerned pedophilia.

The initial verdict has drawn public criticism, with many questioning why the court did not convict the perpetrators of a hate crime. LGBT+ Denmark, an organization advocating for the rights of lesbians, gays, and transgender people, expressed difficulty in understanding the court’s decision. They voiced hope that the prosecution’s appeal would lead to a different outcome in a higher court.