A migrant who raped a 10-year-old boy in a swimming pool has had his conviction overturned because the court could not prove that the child said no.

The man, identified only as 20-year-old Iraqi Amir A, violently sexually assaulted the victim while he was undergoing an integration process at Theresienbad pool (above) in Vienna, Austria, last December.

After the assault, Amir - who had been working as a taxi driver - went back into the pool and was found on the diving board when police turned up.

He told them that he had a “sexual emergency” because he had not had sex for some time, but admitted that he knew he had been wrong to do it.

Amir was found guilty of serious sexual assault and rape of a minor and was sentenced to six years in jail - but the Supreme Court has now lifted the verdict and ordered a retrial as his defence team successfully argued that there was no proof that the boy did not consent.

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Austria: The migrant was taking part in an integration process in Vienna (Wikipedia)

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Supreme Court President Thomas Philipp said that the written verdict on the second indictment, rape, cannot be sufficiently proved, according to The Local.

It added that it was not clear whether Amir thought the victim had agreed to the sexual act and if he thought he was acting against the boy’s will.

The victim, known only as Goran, is an immigrant from the Balkans who grew up in Austria with his Serbian mother.

He is still suffering from post-traumatic stress disorder and suffered sever anal injuries that required immediate treatment.

Amir will remain in custody until a new sentence can be imposed in 2017.



Top pic: Wikipedia