The Iraqi man raped a 10-year-old in ‘sexual emergency’ at Theresienbad pool in Vienna (Picture: Creative Common)

An Iraqi migrant who raped a schoolboy in a swimming pool has had his sentence overturned – because the court didn’t prove if he knew that the child said no.

The attacker, who has been identified as 20-year-old Amir A, was visiting Theresienbad pool in Vienna in December as part of an integration process.

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However, he violently sexually assaulted a 10-year-old boy in the changing room, claiming it was a ‘sexual emergency’ because he had not had sex for a while.

On Friday, 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 registered that the boy said no.




The child, who is still being treated for a post-traumatic stress disorder, suffered severe anal injuries and required urgent treatment at a local children’s hospital.

Supreme Court President Thomas Philipp said that the written verdict on the second indictment, rape, cannot be sufficiently proved (Picture: Creative Common)

The victim, Goran, was an immigrant from the Balkans who grew up in Austria with his Serbian mother.

Following the incident, Amir A, who had worked in Iraq as a taxi driver, went back into the pool and was using the diving board when police turned up.

He confessed to the rape stating that he knew it was wrong but did it anyway because he had not had sex for four months.

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He was found guilty of serious sexual assault and rape of a minor and was sentenced to six years in jail.

However, the Supreme Court has now lifted the verdict and ordered a re-execution of the proceedings.

According to The Local, Supreme Court President Thomas Philipp said that although 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 court, the initial trial should have ascertained whether the offender had thought that the victim agreed with the sexual act and whether he had the intention to act against the will of the boy.

In the second legal process, which is expected to take place in 2017, a new sentence must be imposed.

The 20-year-old will remain in custody until then.