An Iraqi refugee who was sentenced to six years in jail for raping a 10-year-old boy had his sentence overturned by Austria’s Supreme Court because it wasn’t clear if the boy said no to the encounter.
The 20-year-old perpetrator, identified only as Amir A., dragged the boy into the locker room at public swimming facility in Vienna last December. The man subsequently sexually assaulted the boy, who needed urgent treatment at the hospital and still suffers from post-traumatic stress disorder.
Amir A. confessed to the rape after getting arrested at the swimming pool. He admitted he knew the action was wrong, but that it was a “sexual emergency” sparked by a lack of sexual activity in recent months.
The regional court found Amir A. guilty of serious sexual assault and rape of a minor. It failed to acknowledge if the boy objected to the assault, which makes the rape count inefficient, according to the supreme court.
The case will now go back to the first court for a new trial. Amir A. is cleared of all the charges but is expected to remain in custody until a new sentence.
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