Dungeon kids refuse to testify against Josef Fritzl

Vienna: The children of Austrian incest offender Josef Fritzl have refused to testify against their father, a development that could cause a further set-back of the case against him.

Fritzl, 73, has confessed to imprisoning his daughter Elisabeth, 42, in a cellar dungeon beneath his home in the town of Amstetten for over 24 years, and fathering seven children with her. One of the children died at birth in 1997 and Fritzl burned his body in an oven.

His daughter Elisabeth has completed her testimony against him and reportedly reinstated her earlier statement given to police, in which she accused him of rape and abuse and for indirectly causing the death of her newborn. But her two adult children, whose testimonies were supposed to be included in the charges, are said to have refused to give evidence, in accordance with their rights guaranteed by Austrian law.

Fritzl is facing charges of manslaughter for the baby that died, as well as rape, abuse, incarceration and incest. But prosecutors admitted that the first two charges would be very difficult to prove due to lack of forensic evidence. Austrian law, unlike British law, does not allow for cumulative sentences, and Fritzl could only be handed over one sentence. That means that he would be facing only up to ten years in prison, if prosecutors fail to solidify the charges of manslaughter and rape.