In a truly shocking twist the Supreme Court decided the grown Iraqi man may not have realised the 10-year-old did not want to be sexually abused by him.
Amir A, 20, was visiting the Theresienbad pool in the Austrian capital of Vienna last December as part of a trip to encourage integration.
When the youngster went to the showers, Amir A. allegedly followed him, pushed him into a toilet cubicle, and violently sexually assaulted him.
Following the attack, the accused rapist returned to the pool and was practising on the diving board when police arrived, after the 10-year-old raised the alarm with the lifeguard.
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