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Austrian court overturns Muslim refugee’s conviction for raping 10 y.o. boy because court didn’t prove man knew boy was saying no

Tuesday, October 25, 2016 5:33
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(Before It's News)

Austria, like Germany and other West European countries, is determined to destroy itself.

An appeal court in Austria overturned the conviction of 20-year-old Iraqi refugee Amir A. for raping a 10-year-old boy at a swimming pool has had his conviction overturned because a lower court didn’t prove Amir knew the boy was saying no to the sodomy.

In December 2015, former Iraqi taxi-driver Amir A. Amir was traveling with a government-appointed 15-year-old helper and translator who was supposed to teach Amir how to “integrate” into life in Vienna.

At the Theresienbad pool in Vienna, Austria, Amir dragged a 10-year-old boy into the changing room of, locked the door, and violently raped the boy.

theresienbad-pool-vienna-austria

The boy, who is known by only his first name Goran, told a lifeguard he had been attacked, and the police were called. Police found Amir in the swimming pool  playing on the diving board as if nothing had happened.

Goran suffered severe internal injuries and was rushed to a children’s hospital. He has suffered from post-traumatic stress disorder ever since. The boy’s mother, who herself is a Serbian refugee, said her son suffers from severe panic attacks, “screams and cries” and is often frightened,” and can only sleep with the  help of medication.

Kronen Zeitung daily reported that confessing to the rape in an interview with police officers, Amir admitted he knew that “such acts were forbidden in any country of the world” but that it was a “sexual emergency” because he had not had sex for four months.

amir-a-iraqi-who-raped-10-y-o-boy-at-vienna-swimming-poolIn June 2016, a court found Amir guilty of grave sexual assault and rape of a minor and was sentenced to six years in jail. Prosecutors described the boy as suffering “profound despair.” The boy’s family was awarded €4,730 (US$5,150) in compensation.

On October 20, 2016, despite Chief Justice Thomas Philipp calling Amir’s verdict “watertight,” Austria’s Supreme Court overturned the verdict, acceding to the defense lawyer’s claim that the lower court had not done enough to prove that Amir indeed had acted against the will of the boy — that Amir knew at the time that the boy was saying no.

The new trial is likely to take place in 2017, until which time Amir will remain in custody.

There have been a number of reports of similar attacks by “asylum seekers” at swimming pools across Austria and elsewhere in Europe, including:

  • A 37-year-old mother and her four-year-old son were sexually assault in the quiet southern Austrian town of Klagenfurt in March 2016.
  • Authorities in the Austrian town of Mistelbach issued a temporary pool ban for refugees following a sexual assault by a “dark-skinned’ man on a 13-year-old girl in June 2016.  According to Austrian newspaper Kronen Zeitung, a young man followed the girl into the women’s changing room, where he forced her to perform oral sex. The attacker fled when the girl resisted and started shouting.

Sources: Daily Mail, RT

According to its website, Austria’s Supreme Court (Oberster Gerichtshof) is the country’s “highest court in civil and criminal matters.” It has 60 members – a President, two Vice Presidents, presiding justices of panels (referred to as Senatspräsidenten and Senatspräsidentinnen) and other justices (called Hofräte or Hofrätinnen).

On criminal matters, the contact person is:

Hofrätin (or Justice) of the Supreme Court of Justice
Dr. Helene Bachner-Foregger
Telephone: +43 1 52152 3848 (or 3315)

See also:

~Eowyn

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