Cruiser Posted October 22, 2016 Posted October 22, 2016 https://www.thelocal.at/20161021/verdict-on-swimming-pool-rape-case-overturned >An Iraqi refugee who was jailed after claiming it was a sexual emergency when he raped a boy in a swimming pool has had the sentence overturned. >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 realised the schoolboy was saying no. >Supreme Court President Thomas Philipp said that while 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 Supreme Court, the first court should have ascertained whether the offender had thought that the victim agreed to the sexual act and whether Amir A. had the intention to act against the will of the boy.
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