An original translation by Nash Montana with much thanks!
The rape trial against a refugee from Iraq who allegedly has sexually molested and raped a ten year old boy at the Theresienbad in Vienna, has to be repeated.
The high court (OGH) on Thursday nullified the first judgment – six years prison – partly and ordered a new trial. It was decided there were flaws in the initial discovery, senate president Thomas Phillipp explained.
OGH says rape was not sufficiently proven
While the verdict in regards to severe sexual abuse of a minor were “air tight”, the guilty verdict was confirmed by the OGH in that point and is therefore legally valid, there was no necessarily required findings made that showed evidence of legally defined rape.
According to the OGH, the court should have determined if the offender thought that the victim had given his consent to the sexual activity. In other words, if the accused had shown intent to act against the will of the boy. This intent has not sufficiently enough been shown, and therefore the OGH nullified the guilty verdict for rape.
The actual rape therefore will be debated separately at county court. According to the law the punishment will be nullified, and therefore after the second court process which will probably not take place before 2017, the 20 year old will receive a new sentence. The offender will remain in detention until then.
Boy was pushed into the bathroom cabin
On December 2nd of last year the accused had allegedly raped the boy at the Theresienbad in Vienna-Melding. As the process began last April the offender admitted to grabbing the young student by the hand, pushing him into a bathroom cabin, locking the door from the inside, and then molesting the boy.
The accused had been arrested right away at the swimming pool. The boy ran to the pool supervisor who then immediately called the police. During the initial interview with the police, the 20 year old offender already made a confession and according to the recording, he said that he was “following his appetite”. That he “hadn’t had any sex for four months”. When he was asked by an officer if it wasn’t illegal even in Iraq to have sex with a ten year old boy, the refugee answered: “Such a thing is forbidden in every country of the world.”
The very youthful looking offender had been working as a taxi driver in Iraq. In September of 2013 he married his wife and they had a child shortly thereafter. In August of 2015 he decided to leave Iraq to build a new life for himself and his family.