Let the barbarians in, and they'll do barbaric things.  And of course, these European countries are just letting it happen for some odd reason.  Sometimes I really do hope the end is around the corner.  Getting tired of this world.





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.





The attacker, identified as 20-year-old Iraqi migrant Amir A., had been treated to a trip to the Theresienbad pool in December 2015 as part of the integration process.





At the pool, Amir A. dragged the schoolboy, aged ten, into the changing rooms where he locked the door and violently sexually assaulted him, leaving him in need of urgent treatment at a local children's hospital. The boy is still plagued by massive post-traumatic stress disorder.





https://www.thelocal.at/20161021/verdict-on-swimming-pool-rape-case-overturned

Rape conviction only overturned and is going for retrial.  Technicality that could and should increase the length of the sentence when re-convicted.

Conviction for serious sexual assault still stands.

Attacker remains in jail serving sentence.

Coming to a town near you.

What?

Rapists being sent to prison.....I should damned well hope so.

Good.



 

I think he may have been talking about tens of thousands of unstable refuges with values that do not align with 10 year olds not wanting to be raped, or beheaded, or sexually mutilated because allah wants it to happen.

Some of those middle eastern countries have a uniquely sick culture where they think little boys are for sexual use.  Particularly Afghanistan comes to mind.  The NYT did a big article about how our troops would be forced to look the other way while their Afghani "allies" would be raping little boys.  Absolutely barbaric savages they are.

'Cause "NO" doesn't transcend those language barriers...

Maybe goats could be left tied up in public for emergencies?

Must have been a Thursday.

I believe the argument is whether the attacker sought confirmation of consent.

It follows that someone below the age of consent is deemed unable to give consent, however IIRC this becomes an aggravating factor where the notion of consent was not established and and the attacker pressed home their attack anyway.

A far as I'm concerned they should take the cunt out and shoot him in the face, but you know how these legal types like to string out their paycheques.

Yeah, obviously the poor sex starved dude just couldn't control himself any longer.  Austria should feel bad for driving him to such a point of desperation, and let in another 10,000 refugees to make cultural amends.

Shame he was in the country to begin with. There's a strong possibility that had he not been there, this wouldn't have happened.

I believe that in this case, the guy should be shot.  See if he understands what that bullet flying at his head means.

Shot, and then buried with pig guts and feces would work.

Are you saying since a child cannot give concent, the additional charge that requires ignoring a denial of concent cannot be levied upon the perpetrator?

So it's less of a crime and punishment to go with the crime the more helpless the victim?

I believe it a procedural element.  

A pre-requisite for rape is not just the lack of consent, it can also include the act of ignoring the communicated wishes of the victim.

The act of rape may seem obvious, but establishing these key elements is likely to be critical to the pathway to verdict.  If it wasn't established then the defence may have an angle of attack in appeal by asking how a conviction of rape can stand when the issue of consent was not established.

Kid found out that there is reason to fear "widows and orphans"

Good.

However if it were my kid I'd probably want the fucker released.

Parts of Europe have what Americans think of as bizarre value systems. While I was stationed in Germany during the mid-1980s, two separate incidents I observed flatly blew my mind. First one was a guy who picked up a barely-teenage girl from a bus stop out in the country, raped the shit out of her, and murdered her, leaving the body to be found by the Forstmeisters a few days or weeks later.  His sentence? 25 years in prison, with a redirect to a mental hospital for participation in a sex offenders program. He was literally out on a day pass from that when he attacked another woman, and all they did was pull his pass privileges. He was too "sick" to be in prison...

Around the same time, there was a guy who'd adulterated the wine he was selling, using glycol to help along the fermentation process. This is a common technique around the world, but in Germany, the Reinheitsgebot, or Purity Laws, make it a crime. He got sentenced to something like 80 years in prison, and had no hope of getting out before he'd done significant time.

Germans I knew were astounded that I'd find the disparity disturbing. Their idea was that the rapist only hurt the one girl, while the guy who'd "adulterated" the wine had affected thousands of people, anyone who bought the stuff... Which would have been perfectly legal to sell anywhere in the world outside of Germany.

I'm not sure where or when this crap started in Europe, but it's been going on for a long time. You go digging into the archives, and there are legions of criminals who were sentenced to what we Americans would think were trivial sentences for the crimes they committed. To a degree, there's a cultural thing going on where the mentality is different--Some of the Germans I talked to about this stuff seemed to think that the real crime in a murder was depriving the State of a taxpayer, and that the sanctity of someone's life was a secondary or tertiary issue. Other Europeans I've met seem to think the same way, which I suspect may be one reason the Mafia is so damn powerful in parts of Southern Italy--The only way you're going to get a satisfactory result in a criminal case of assault or murder is by appealing to the local Mafioso, and hoping that the perpetrator isn't a part of the mob, himself. Although, that apparently can lead to a kind of justice, too--Acquaintance told me of his cousin, who got raped by a drunken thug. Courts wouldn't do anything, but when her family appealed to the local Mafia don, he "looked into the matter", and the upshot was that one of his "boys" wound up filling a shallow grave out in an olive orchard.

For some damn reason, that "private justice" was seen as a more satisfactory solution to the whole thing. The weird deal was hearing my friend talk about it, and realizing that he was completely OK with the courts not doing anything, because that was "outsiders", and also completely OK with the guy getting beaten to death and buried in an orchard... 'Cos, apparently, that was local. Artisanal justice, anyone?

Europe has some really strange cultural features, when you go lifting up the carpets and looking at what's beneath. It honestly doesn't surprise me to see that Austria has done this, and it won't surprise me when and if those same courts find a legal justification for hauling the migrants off to death camps, once the locals have had enough vibrancy. There's a book out there I read once that describes the German judiciary from WWI forward to the 1970s, and the really disorienting thing was seeing how many judges had worked through the Weimar era, the Nazi era, the post-war era, and then into what we'd consider "modern times", and without skipping a beat of their judicial hearts. Liberal eras, they ruled liberally. Extremist eras? Right along with the times... One guy's career and history of his rulings really kinda shocked me--He'd been involved in a lot of Nazi-era capital cases, and sent quite a few people off to hang for resisting the regime or other similar crimes. After the war? He's kept on as a judge, and nobody even blinked. At retirement, hailed as a legal genius and magnificent human being. No mention of his work surrounding the period when he was involved in the same People's Court that dealt with the July 20 plotters who were the subject of that Tom Cruise movie, Valkyrie.

Europe is just a little... Different.

Statutory is statutory and consent is irrelevant.  Guess it's different in Europe.

ROPers are going to ROP

Excelllent post.
My dad lived in Germany for 8years. He told me that their criminal justice system is soft in things that would get your life or death here.

What the hell kind of stupid affirmative defense is that?

"consent"

"intent"


what a bunch of horseshit.

What in the goddamn fuck is a "sexual emergency"

damn metric law system

"Metric morals"

So, it has to do with sentencing rather than the actual crime as having sex with a 10 year old is illegal regardless of consent..

Yeah, kind of.  

There is no doubt what he did. It would appear that they just didn't cover all the bases for the rape charge and the defence successfully challenged it.

The retrial should set he record straight, but it has given the defence two bites of the cherry.

Hopefully the Judge will also use the opportunity to the advantage of the victim and  impose a much stiffer sentence second time round.   6 years for rape is a piss-take.

"Sexual emergency?"

That's a legal defense someplace?

Really?

Not in any legal system I know of.

Probably something about it in Sharia law, if you went digging in it with an open mind, and a handy mullah or two close by...

Judge should get it too.

Kind of curious why they only identify the rapist with his first name and presumably only the first letter of his last name.



Is the rapist's identity that important over there?



 




 

Just a note about the glycol:

http://www.thewinestalker.net/2015/04/austria.html

It was a SEXUAL EMERGENCY, dammit!

Crucify him on the border as a warning to other refugees.

Hang the politicians responsible for him being let into the country.  Offer them the opportunity to commit suicide first. With a saw.

"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."


And that is the stupidest thing I have read today....

White Genocide with a side order of the usual shill doing his usual shilling.

Here's a better one, hog tied. Thrown in a ditch, pig slaughtered on top of him. Then shot and commence with the burial.

IF I was the boy's father the story would be able my appeal for stomping the rapist to death.

In before Brody_Nick defends his beloved culture.

That's not the case I remember. Happened around the same time, German vintner, not Austrian, and he was using some process he got from one of the big American vintners that used glycol additives in the fermentation stage. Supposedly, what he did was common practice in other countries, and perfectly legal/safe there.

The details are fuzzy, past that... I was only watching that in the German local newspaper as part of my "let's learn German" project, and I may have missed or misinterpreted some of the details therein, but I remember discussing it with a couple of Germans I was acquaintances with, and they had the same impression I did of the events in question. Or, so I thought.

and



Then make sure he lives.

Good and bad news.

Good news he's still in jail.

Bad news he was ever allowed into the country.

Confusing news is why is he still alive?

What's the matter with rapists staying in Libya, Iraq, Syria, Afghanistan, etc and killing each other instead.  The boy would not have been raped in the first place if the rapist wasn't there.