The State Prosecutor in Viborg has decided to appeal a judgment regarding the assault of homosexual men in Odense to the High Court. The appeal aims to have the High Court assess whether the assault qualifies as a hate crime and if the sentencing was too lenient.
The case involves four boys who were charged with assaulting three homosexual men in Odense in September of the previous year. The victims had arrived at the location after using a dating app specifically for homosexuals. The prosecution contends that all four boys participated in the assault, a point they wish to be reviewed by the High Court.
During the initial trial at the Court in Odense, two of the boys were acquitted on June 24. However, the other two were found guilty of gross violence but were not convicted of committing a hate crime.
State Prosecutor Jakob Berger Nielsen stated that the High Court should reassess the case due to its seriousness, involving planned assaults against three random individuals. He also noted the lack of agreement on the case assessment within the district court.
The two boys convicted of gross violence, aged 15 and 16, received sentences of seven and eight months in prison, respectively. One month of each sentence is unconditional, with the remainder suspended and a one-year probationary period.
According to the indictment, insults like “homo” and “paedophile” were shouted during the assaults. The convicted individuals claimed they believed they were confronting paedophiles. However, the court found no evidence suggesting the victims expected to meet a minor; they believed they were meeting a 24-year-old. The Court in Odense emphasized that the convicted individuals denied intending to assault homosexuals, and their shouts primarily concerned paedophilia when acquitting them of a hate crime.