A court found Amir guilty of serious sexual assault and rape of a minor, and sentenced him to six years in jail.
However, in a bizarre twist, the Supreme Court yesterday overturned the conviction, accepting the defence lawyer’s claim that the original court had not done enough to ascertain whether or not the rapist realised the child was saying no.
According to the Supreme Court President Thomas Philipp, while the verdict was “watertight” with regard to the serious sexual assault of a minor, there was not enough evidence to support the second charge of rape.
The appeal court said the initial ruling should have dealt with whether the offender thought that the victim had agreed with the sexual act, or whether he had intended to act against his will.
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