Court overturns rape conviction because asylum seeker may have thought 10-year-old boy wanted to have sex


Sad boy (illustration) 
By: Chan Yuan

People in Austria, are angry after the Supreme Court overturned a rape conviction because the rapist may have thought the his victim wanted sex.

20-year-old Amir A. of Vienna, arrived in the country from Iraq, and sought asylum.

One day, Amir visited a public swimming pool, where he raped a 10-year-old boy. The boy was taken to a hospital, where he was treated for injuries in his backside.

Amir was arrested and charged with serious sexual assault and rape of a minor.

Amir admitted to having sex with the boy, saying that he suffered a sexual emergency as his wife stayed behind in Iraq and he did not have sex in four months.

A lower court found him guilty of the two charges, and he was sentenced to serve six years in prison. He was also ordered to give the boy 4,500 euros ($4,910).

However, this week, the Supreme Court overturned the rape conviction, saying that the lower court did not hear evidence that the boy did not want to have sex with Amir, and the rapist might have thought that the child wanted to have sex.