Verdict on swimming pool rape case overturned

[AngryAmish]

An Iraqi refugee who was jailed after claiming it was a sexual emergency when he raped a boy in a swimming pool has had the sentence overturned.


An appeal court accepted the defence lawyer’s claim that the lower court had not done enough to ascertain whether or not the rapist had realised the schoolboy was saying no.

The attacker, identified as 20-year-old Iraqi migrant Amir A., had been treated to a trip to the Theresienbad pool in December 2015 as part of the integration process.

He had also been provided with a 15-year-old helper and translator who was supposedly teaching him how to integrate into life in Vienna."

https://www.thelocal.at/20161021/verdict-on-swimming-pool-rape-case-overturned

[Warpy]

1. That's insane

Is the victim any less destroyed because there was a language barrier? Didn't his victim's screams and tears convince him that his attentions weren't being reciprocated?

This is a bad decision. It shows the victim that his life is worth nothing.

[Egnever]

4. Not as bad as the headline makes it sound.

Supreme Court President Thomas Philipp said that while the verdict was "watertight" with regard to the serious sexual abuse of a juvenile, the written verdict on the second indictment, rape, cannot be sufficiently proved.

According to the Supreme Court, the first court should have ascertained whether the offender had thought that the victim agreed to the sexual act and whether Amir A. had the intention to act against the will of the boy.

The rape case therefore must go back before the regional court. According to Austrian law, the sentence was also lifted. In the second legal process, which presumably will only take place in 2017, a new sentence must be imposed. The 20-year-old is expected to remain in custody until then.

Looks like they have to go back and relitigate the rape portion but the guy will remain in jail and the sexual abuse charge will stand.

Definitely sucks but looks like they are just trying to ensure the verdict stands. I don't think there will be much problem getting a second conviction on it.

[Democat]

2. This has been posted before and may be misleading

Some comments said this is a right wing anti-immigrant site framing the issue and that the rapist is not getting out of jail anytime soon because this is one of many charges he was convicted of.
http://www.democraticunderground.com/10028245795

[smirkymonkey]

6. Absolutely disgusting.

Is there no justice for children in this world?