Posted on 10/25/2016 7:15:14 PM PDT by Mr. Mojo
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.
In 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 integration.
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".
A court found Amir guilty of serious sexual assault and rape of a minor, and sentenced him to six years in jail.
However, 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".
The 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.
Looks like the “Clinton defense” has already gone international.
The Sandusky defense works on a Vienna sausage.
Yeah.
Remember when there used to be a quaint arrangement known as Western Civilization?
nothing a good C4 suppository (for the perp) won’t take care of...
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Its only a 6 year sentence to violently rape an underage boy in Austria?
No equivalent of statutory rape in Austria?
If that was my son, I would kill the SOB and say I didn’t know he didn’t want to die.
Guess we're way behind the times?
Those who believe that the muslims will kill them last.
They have anther thing coming.
“I didn’t know they didn’t want to get in the ovens” - Hitler
The pig issuing the sentence first, and then the Mohammadan Sodomite Pedophile.
A ten year old can’t give consent to sex.
WTH is going on?
I realize this is in Austria but what the Hell.
Good one! Exactly!
That’s being destroyed.
Well after all, all cultures are the same
Just freakin insane
How on earth is the vicious sodomizing of a 10 year old not considered rape?
And someone explain to me why the Austrian govt, which presumably claims to be setting policy in the best interests of its own citizens, allows the import of large numbers of folks from this culture??
This is also a brutal reminder of why some (many?) of us parents do not want to leave our minor children unattended outside of the home for more than 15 seconds. We have a lot of predators of our own. Maybe in Austria, they haven’t gotten the memo yet.
Hang the perp and the judge.
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