He didn’t know the boy didn’t want to be raped’ court throws out migrant child sex charge

AN IRAQI asylum seeker who confessed to raping a
10-year-old boy in a swimming pool, claiming it was a “sexual
emergency”, has had his conviction overturned.

07:39, Sun, Oct 23, 2016

| UPDATED: 10:59, Sun, Oct 23, 2016

Theresienbad Pool in Vienna, AustriaTHOMAS LEDL

A man who was convicted of raping a child at an Austrian pool has had his sentence overturned

a truly shocking twist the Suptreme Court decided the grown Iraqi man
may not have realised the 10-year-old did not want to be sexually abused
by him.
Amir A, 20, was visiting the Theresienbad pool in the
Austrian capital of Vienna last December as part of a trip to encourage
When the youngster went
to the showers, Amir A. allegedly followed him, pushed him into a toilet
cubicle, and violently sexually assaulted him.
Following the
attack, the accused rapist returned to the pool and was practising on
the diving board when police arrived, after the 10-year-old raised the
alarm with the lifeguard.
The child suffered severe anal injuries
which had to be treated at a local children’s hospital, and is still
plagued by serious post-traumatic stress disorder.
In a police
interview, Amir A. confessed to the crime; telling officers the incident
had been “a sexual emergency”, as his wife had remained in Iraq and he
“had not had sex in four months”. 
Swimming pool in GermanyEPA

The case sparked outrage across Europe and played a part in the rise of anti-immigration groups

A court found Amir guilty of serious sexual assault and rape of a minor, and sentenced him to six years in jail.
in a bizarre twist, the Supreme Court yesterday overturned the
conviction, accepting the defence lawyer’s claim that the original court
had not done enough to ascertain whether or not the rapist realised the
child was saying no.
According to the Supreme Court President
Thomas Philipp, while the verdict was “watertight” with regard to the
serious sexual assault of a minor, there was not enough evidence to
support the second charge of rape.
The appeal court said the
initial ruling should have dealt with whether the offender thought that
the victim had agreed with the sexual act, or whether he had intended to
act against his will.
The sentence was therefore lifted,
although Amir is expected to remain in custody until the rape case
returns to the regional court next year.
A court had previously awarded the
child’s family £3,700 (€4,700) compensation, after prosecutors described
the boy as suffering both physical injuries and “profound depression”.
child’s mother, who moved to Austria as a Serbian refugee during the
civil war, said it made her “blood boil” to hear Amir describe the
incident as a sexual emergency, and added that she regretted telling her
five children to treat refugees with the same hospitality she had once
received as a new arrival.
The case sparked outrage across both
Austria and Europe, causing a backlash against migrants which saw
support for anti-immigration groups rise as a result.

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