Iraqi refugee rapes 10 year old boy, Supreme court thinks boy gave consent

[Underverse]

Oh wow, this guy. The kid reported the rape at the scene. That doesn't sound like consent to me.

I've rarely seen such a strong argument for castration. "Sexual emergency" - yeah, this sounds like a repeat offender.

[Xanjori]

I read the article.

Still stupid.

A re-trial for a convicted rapist because consent was not determined? LOL

Except it's been determined that he did commit statutory rape, there just seems to be an added bit do decide whether or not consent was involved or not. Lack of consent (if proved) equals a longer sentence.

[Underverse]

How is deteriming if consent of a child a legal argument? Consent in the western world means of adult age, or sexually matured.

More importantly, how is "I thought I had consent" an argument that anyone is taking seriously? Is there any evidence to reasonably support this claim?

[Dextroden]

It's nice to see not a single person in this thread actually read the article lol. God damn if ever a thread proved this site can be an echo chamber, this one was it.

So, the Supreme Court overturned the verdict because the lower court didn't prove he intended to hurt the child?

Supreme Court judges ruled that the first court should have established whether the attacker thought his victim agreed to a sexual act and intended to act against the boy’s will.

“This intention was not sufficiently established, so the Supreme Court quashed the rape conviction,” Austria’s national ORF broadcaster reported.

This is fucking grand.

[Mafic]

Except it's been determined that he did commit statutory rape, there just seems to be an added bit do decide whether or not consent was involved or not. Lack of consent (if proved) equals a longer sentence.

How is consent of a child possible without a parental/guardian/ close family member? That type of argument is made to defend child marriages outside of the western world.

[NineSpine]

Anybody else catch this part? No? Just me? Cool.

The guy has not been set free, his conviction of sexual abuse still stands. All that happens now is that the prosecutor has to make a better case regarding the rape so it lines up with the legal requirements.

I think most of the people outraged by this are confusing these laws with America's laws. Not every country has statutory rape laws like the US. Many countries genuinely require that the victim did not willingly go along in order to get the maximum charge. The basis behind this is to separate out violent assault from statutory rape. This isn't necessarily the best way to handle it, but it's not like this is some special rule for refugees.

[Vizardlorde]

Anybody else catch this part? No? Just me? Cool.

The guy has not been set free, his conviction of sexual abuse still stands. All that happens now is that the prosecutor has to make a better case regarding the rape so it lines up with the legal requirements.

yea we got it they are reducing the 6 year sentence because 10 year old children should be able to scream out in fluent iraqui "i do not consent to sodomy" despite not even knowing what sodomy is( I learned about the word in World history class when I was 15?).

[Mafic]

I think most of the people outraged by this are confusing these laws with America's laws. Not every country has statutory rape laws like the US. Many countries genuinely require that the victim did not willingly go along in order to get the maximum charge. The basis behind this is to separate out violent assault from statutory rape. This isn't necessarily the best way to handle it, but it's not like this is some special rule for refugees.

I understand European law differs from US law. But the child victim reported the crime, thus negating the argument that the child consented. You don't report a crime if you consented to it.

[Machismo]

This is an extremely disingenuous title. The Supreme Court of Austria ruled that they had not proved that the boy did not give consent, and sent it back for a retrial. This is nothing more than a formality, and the case will continue. He remains in custody on the conviction of the other charge. People may want to be outraged, but shit like this happens all the time in court cases. He will stand trial again, and will be convicted again.

[Cybran]

In civilized countries we don't hang people for this.

Feeding him cucumbers until he dies a slow and painful death would work as well.

[Xanjori]

How is consent of a child possible without a parental/guardian/ close family member? That type of argument is made to defend child marriages outside of the western world.

Im going to assume its something that is in halfway similar to Romeo and Juliet laws. If a 20 year old gets caught banging a 15 year old, he gets done for statutory rape and gets the sentence for that, if its then proved he didn't have her consent, his time is then extended. So for this one they want more sufficient proof to give him the extra years.

[Dextroden]

I think most of the people outraged by this are confusing these laws with America's laws. Not every country has statutory rape laws like the US. Many countries genuinely require that the victim did not willingly go along in order to get the maximum charge. The basis behind this is to separate out violent assault from statutory rape. This isn't necessarily the best way to handle it, but it's not like this is some special rule for refugees.

You think someone would have tried this defense if there wasn't the convenient excuse of "refugees don't understand rape"?

[Vizardlorde]

I understand European law differs from US law. But the child victim reported the crime, thus negating the argument that the child consented. You don't report a crime if you consented to it.

They are not claiming the child consented they are claiming the perpetrator wasnt aware the child din't consent.

[Karamaru]

This cant be right no sane person can think a 10 year old gave consent.

In civilized countries we don't hang people for this.

We send them to prison and tell his inmates nonchalantly what he did

[Dextroden]

They are not claiming the child consented they are claiming the perpetrator wasnt aware the child din't consent.

Because ten year old children regularly consent to sodomy from strange adults. This is a rare case

[Mafic]

They are not claiming the child consented they are claiming the perpetrator wasnt aware the child din't consent.

That works both ways. The perpetrator can't claim the child consented if you don't understand the language either.

[Underverse]

That works both ways. The perpetrator can't claim the child consented if you don't understand the language either.

Yeah, but I think most reasonable people understand that consent is also body language. Which fortunately also works both ways.

[Underverse]

Because ten year old children regularly consent to sodomy from strange adults. This is a rare case

Maybe they do in Iraq?

[Evil Midnight Bomber]

yea we got it they are reducing the 6 year sentence because 10 year old children should be able to scream out in fluent iraqui "i do not consent to sodomy" despite not even knowing what sodomy is( I learned about the word in World history class when I was 15?).

Except you obviously don't "get it" because they aren't reducing his sentence at all..he's being re-tried because the prosecution did not properly establish "intent to use force".

[Dextroden]

Maybe they do in Iraq?

And killing gays is encouraged in Saudi Arabia. So Saudis killing gays in Austria should be understood.