This article is from the source 'independent' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.
You can find the current article at its original source at http://www.independent.co.uk/news/world/europe/iraqi-refugee-raped-10-year-old-boy-swimming-pool-vienna-austria-sentence-conviction-overturned-a7377491.html
The article has changed 2 times. There is an RSS feed of changes available.
Previous version
1
Next version
Version 0 | Version 1 |
---|---|
Man who raped 10-year-old boy at swimming pool in Austria has sentence overturned by Supreme Court | |
(about 2 hours later) | |
A man who raped a 10-year-old boy at a swimming pool in Austria has had his conviction overturned after judges found he may have believed the child consented. | |
Police said the 20-year-old Iraqi refugee, who has not been named, assaulted his victim in a toilet cubicle at the Theresienbad swimming pool in Vienna on 2 December last year. | |
The child reported the rape to a lifeguard and his attacker was arrested at the scene, reportedly telling officers in initial interviews that he was experiencing a “sexual emergency” after not having sex in four months. | The child reported the rape to a lifeguard and his attacker was arrested at the scene, reportedly telling officers in initial interviews that he was experiencing a “sexual emergency” after not having sex in four months. |
In June, he was jailed for a minimum of six years for rape and aggravated sexual abuse of a minor, and ordered to pay €4,700 (£3,700) compensation to the boy’s family. | In June, he was jailed for a minimum of six years for rape and aggravated sexual abuse of a minor, and ordered to pay €4,700 (£3,700) compensation to the boy’s family. |
But on Thursday, Austria’s Supreme Court overturned the rape conviction and ordered a re-trial on the charge. | But on Thursday, Austria’s Supreme Court overturned the rape conviction and ordered a re-trial on the charge. |
While the sexual abuse verdict was “watertight”, the more serious offence requires evidence that the defendant knew their victim did not consent to sex. | While the sexual abuse verdict was “watertight”, the more serious offence requires evidence that the defendant knew their victim did not consent to sex. |
Supreme Court judges ruled that the first court should have established whether the attacker thought his victim agreed to a sexual act and intended to act against the boy’s will. | Supreme Court judges ruled that the first court should have established whether the attacker thought his victim agreed to a sexual act and intended to act against the boy’s will. |
“This intention was not sufficiently established, so the Supreme Court quashed the rape conviction,” Austria’s national ORF broadcaster reported. | “This intention was not sufficiently established, so the Supreme Court quashed the rape conviction,” Austria’s national ORF broadcaster reported. |
The re-trial is not expected to begin until next year, with the defendant remaining in custody. | The re-trial is not expected to begin until next year, with the defendant remaining in custody. |
The unnamed man worked in Iraq as a taxi driver before leaving in 2015 and journeying to Europe and settling in Vienna. | The unnamed man worked in Iraq as a taxi driver before leaving in 2015 and journeying to Europe and settling in Vienna. |
His trip to the swimming pool was said to be part of integration efforts, sparking outrage amid tensions over the refugee crisis in Austria. | His trip to the swimming pool was said to be part of integration efforts, sparking outrage amid tensions over the refugee crisis in Austria. |
Speaking to local media, the victim’s mother revealed her son had been “screaming and crying every night” since the attack and had talked of suicide. | Speaking to local media, the victim’s mother revealed her son had been “screaming and crying every night” since the attack and had talked of suicide. |
Prosecutors said the boy, known as Goran, suffered serious physical injuries from the rape as well as “profound depression”. | Prosecutors said the boy, known as Goran, suffered serious physical injuries from the rape as well as “profound depression”. |
The attack sparked a backlash against migrants in the country, which has since seen support for anti-immigration groups rise and implemented a controversial cap on refugee numbers. | The attack sparked a backlash against migrants in the country, which has since seen support for anti-immigration groups rise and implemented a controversial cap on refugee numbers. |
Reports of sexual harassment and attacks by asylum seekers at swimming pools have generated controversy across Europe, sparking a ban on male migrants at one pool in Germany and “vigilante” patrols in Sweden. | Reports of sexual harassment and attacks by asylum seekers at swimming pools have generated controversy across Europe, sparking a ban on male migrants at one pool in Germany and “vigilante” patrols in Sweden. |
Police statistics in Germany showed that sex offences make up a tiny proportion of crimes committed by refugees and migrants in the country, which are mostly related to transport and documents | Police statistics in Germany showed that sex offences make up a tiny proportion of crimes committed by refugees and migrants in the country, which are mostly related to transport and documents |
Previous version
1
Next version