The following article bears some resemblance to the Swedish case reported here a couple of days ago. However, this one is not quite so insane — the “Swedish” perps were released and subsequently sued the state, whereas this New Austrian rascal will remain in custody until his case is retried in the lower court.
But it’s still lunacy. Here in the USA, if a rape victim is underage, he can’t possibly consent, so the issue of consent (or its lack) would never be brought before the court. In this benighted backwater, any sex with a child is rape, period. But Austria is a strange country; they do things differently there.
Many thanks to Nash Montana for translating this article from ORF:
Rape at indoor swimming pool: verdict nullified
The rape trial against a refugee from Iraq who allegedly sexually molested and raped a ten-year-old boy at the Theresienbad in Vienna has to be repeated.
On Thursday the high court (OGH) partly nullified the first judgment — six years in prison — 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 “airtight” — the guilty verdict was confirmed by the OGH in that point and is therefore legally valid — the required finding was not necessarily 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 sexual activity. In other words, if the accused had shown intent to act against the will of the boy. This intent was not sufficiently shown; therefore the OGH nullified the guilty verdict for rape.
The actual rape therefore will be debated separately at the county [local] 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 bathroom stall
On December 2 of last year the accused allegedly raped the boy at the Theresienbad in Vienna-Melding. As the trial began last April the offender admitted 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 was immediately arrested at the swimming pool. The boy ran to the pool supervisor who then in turn immediately called the police. During the initial interview with the police, the 20-year-old offender 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.
Apparently it is the boy’s fault not saying no in Arabic. Also based on the judge’s opinion having sex with a child is ok as long as there is some proof the child did not say no.
I might be a little too conservative but I think having sex with a child is just NOT ACCEPTABLE and not depend on consent or lack of. Maybe that is why, I am not a progressive judge in a western country.
In the real world the savage (satisfying a sexual emergency)
By assaulting this poor little10yr old boy would at least be jailed for life if not executed.
He is a paedophile full stop!
What is it going to take for ordinary folk to remove these
Depraved, treacherous judges, lawyers and solicitors from
Office?
Their collective apathy and silence makes them complicit
In this dreadful crime, how much more humiliation will it take to galvanise them into action?
The trouble is, at least in my country the judiciary and its attendant officers and hangers on are largely of the same mould. Even some of the police are complicit in this type of appalling activity. Any time a pedo is convicted here, he has a remarkably short sentence imposed.
These guys just met with the new “ruling class”. In the UK they practice this disgusting dhimmitude for more than a decade now!
Totally agree!
Here in the UK our new Home Secretary the
Right honourable Amber Rudd(y useless)
Is foisting men, nearer their middle years than their teens, onto the UK public as migrant
Children.
She is aptly named Amber, fossilised resin which
Her brain would appear to consist of!
A woman of a certain age, like the childless PM,
Falling lock stock and barrel for the bleeding heart fallacy of vulnerable at risk, young child
Migration.
I for one will never forget the smirks on the first
Batch of “child” arrivals” – the contempt of the UK and the derision they felt for authority writ
Large upon their faces.
Enoch Powell’s “rivers of blood” prophetic
Speech is going to become a reality sooner
Rather than later.
Merkel – childless,
your PM – childless
Viktor Orbán – father of 4, fresh grandfather
This is the court’s contribution to the jihad. They all have special gifts to give in the conquest of islam. The rapeugee did his part and the court ,his jihadist brothers made their’s with this ruling. All the parties are doing an incredible job. From the usa’s support for isis to Mrs may quickly bringing in her jihadist 30 year old children they all have their parts to play in this islamic conquest of the world. We should never ever forget these people for what they are doing.
For those of you who have read Matt Bracken’s short story “What I Saw at the Coup”, the solution to such legal terrorism is contained. Particularly, the fate of the female reporter and the effect upon the rest of the water-carrying media. I will not describe further since I would prefer that readers make the effort to look up his story and read it.
The point of my digression is this: one cannot fight those who wield the law day in and day out as a tool or weapon; judges, lawyers, prosecutors, etc., are experts at the use of the law as a tool of tyranny and you are not. Since the layman cannot fight them on anything approaching a level playing field with the same tools, one must change the tools employed to level the playing field.
Until these evildoers in tailored suits feel the consequences of their lawfare personally, nothing will change, and we will continue to wonder at the audacity of these legal miscarriages of justice.
Here’s the Bracken story at WRSA.
Thank you for that
I agree. I read this yesterday, and had to shake my head to see if I was still in this universe. Sadly I am. This is so blatently partisan to the cause of Islam. How can a 10 year old agree to a sexual act of any kind? They are underage for f***s sake! So the judge has been told what to do and moreover is acquiescing. This type wont feel the steel edge of Islam on their neck until the very end. They may of course convert, they seem to have the right personality for it.
All we can do is make our voices heard. Probably p*****g in the wind, but if we have any integrity, we must at least try.
Agreed 100%
Its these beauracrats operating as judges, council employees, prosecutors, who are terrorising the population, and they have thugs to back them up, ie robo cops, bailifs, security guards.
Its time to target these criminals in tailored suits, pen pushers, using public funds to terrorise the very people who pay there wages.
These people are not upholding the law, they are using the laws to subjugate the general population, so we dont fight back.
Anyone who fights back, defends there self, famiky or property, these monkeys in suits will have yiu arrested, and criminalised.
Just who are the criminals???
This whole stinking establishment, the enemy first are the these beauracrats who are selling us all down the river.
Judges, the judiciary, council workers, politicians, the thug robo cops who do the thuggery on there behalf,.
Its time now to start resisting these traitors, stop complying,
Find out where they sleep at night, bring to them the same terror they are inflicting on us all.
The West hasn’t had a justice system for years.
It does however, have a, “Just Us!” system, and none of the posters here are in it.
Are there any other cases of rape which have gone in front of Austrian courts, where the young child didn’t clearly say “no”?!
Would be interesting to see the judgments, just for comparison.
And yes, I agree that until regular people in the West start showing their anger, such absurdities will only get worse..
Ugh! I cannot even read about this stuff anymore!!! The Europe I knew is long gone.
How can a 10 years old child give consent, even in German let alone in Arabic? It makes me want to puke! The Leftist Establishment are sick.
” the court should have determined if the offender thought that the victim had given his consent to sexual activity”.
If that is Austrian law, it is bad law. In my country a 10 year old is a “minor” and incapable of making decisions about many things including consent to sexual activity. Having any sexual contact with a minor is illegal and would result in charge against an offender. What the offender believed is then irrelevant.
European law seems woefully ill prepared for the epidemic of child abuse and rape attacks now widespread on the continent.
Austria is ruled by left wing perverts. Judge Thomas Philipp is obviously one of them. Hofer & the FPÖ are Austria’s only hope for a return to sanity. There is grave danger of civil war.
I have been thinking a lot about the story of Sweden giving grants and special services to returning ISIS jihadists. It just was one of those stories you quite can’t get out of your head, it makes so little sense. Now I just saw a news item about Swedes eager to make a weapons deal with the Saudis. And the penny finally dropped: Sweden is now wholly run by the Saudis and Qataris.
Did you read the one where the Swedish government pays for sniper training for migrants? Well that is another level of stupidity!
http://newobserveronline.com/sweden-state-funded-muslim-sniper-training/
The Austrian judiciary system is no longer compos mentis. How can anyone – let alone a learned judge – in his right mind seriously talk about ‘consent’ of a ten-year-old boy to have sex with a grown-up man?
The rapist must go to jail, and the judge – to a loony bin.
Disagree. The judge is not insane – they knew what they were doing. Austria and other countries assailed by imperialism must set up enhanced Guantanamo Bay facilities to process and erase rapefugees.
The message should be “If you come to this country and attack our people, you are liable to vanish without a trace. When you violate the rights of our people, you have forfeited yours.”