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In a truly shocking twist the Suptreme Court decided the grown Iraqi man may not have realised the 10-year-old did not want to be sexually abused by him. Amir A, 20, was visiting the Theresienbad pool in the Austrian capital of Vienna last December as part of a trip to encourage integration.
When the youngster went to the showers, Amir A. allegedly followed him, pushed him into a toilet cubicle, and violently sexually assaulted him.
The child suffered severe anal injuries which had to be treated at a local children's hospital, and is still plagued by serious post-traumatic stress disorder.
A court found Amir guilty of serious sexual assault and rape of a minor, and sentenced him to six years in jail.
However, in a bizarre twist, the Supreme Court yesterday overturned the conviction, accepting the defence lawyer's claim that the original court had not done enough to ascertain whether or not the rapist realised the child was saying no.
Amir is expected to remain in custody until the rape case returns to the regional court next year.
accepting the defence lawyer's claim that the original court had not done enough to ascertain whether or not the rapist realised the child was saying no.