2015 Vienna swimming pool rape

Last updated
Theresienbad Theresienbad 2.JPG
Theresienbad

On 2 December 2015, at the Theresienbad swimming pool in the Austrian capital Vienna, a 10-year-old boy was raped. The perpetrator, an Iraqi refugee who had arrived in the country two months earlier, claimed that he was motivated by not having sex for four months.

The Theresienbad is a complex of indoor and outdoor swimming pools in the Meidling district of urban Vienna.

Vienna Capital city and state in Austria

Vienna is the federal capital and largest city of Austria, and one of the nine states of Austria. Vienna is Austria's primate city, with a population of about 1.9 million, and its cultural, economic, and political centre. It is the 7th-largest city by population within city limits in the European Union. Until the beginning of the 20th century, it was the largest German-speaking city in the world, and before the splitting of the Austro-Hungarian Empire in World War I, the city had 2 million inhabitants. Today, it has the second largest number of German speakers after Berlin. Vienna is host to many major international organizations, including the United Nations and OPEC. The city is located in the eastern part of Austria and is close to the borders of the Czech Republic, Slovakia, and Hungary. These regions work together in a European Centrope border region. Along with nearby Bratislava, Vienna forms a metropolitan region with 3 million inhabitants. In 2001, the city centre was designated a UNESCO World Heritage Site. In July 2017 it was moved to the list of World Heritage in Danger.

Contents

The crime became public knowledge in February 2016, and in June the man was sentenced to a minimum six years in jail. In October, the Supreme Court of Austria overturned his rape conviction and ordered a retrial. In May 2017, the man's sentence was reduced to four years.

The crime was one of several at the time which led to anti-refugee sentiment in Austria, and the overturning of the original conviction was condemned by Russian president Vladimir Putin.

Vladimir Putin Russian politician, 2nd and 4th President of Russia

Vladimir Vladimirovich Putin is a Russian politician and former intelligence officer serving as President of Russia since 2012, previously holding the position from 2000 until 2008. In between his presidential terms he was also the Prime Minister of Russia under his close associate Dmitry Medvedev.

Background and incident

The perpetrator was born in Iraq and had arrived in Vienna in September 2015, finding work as a taxi driver. [1] [2]

The victim, known as Goran, is the son of a Serbian refugee. [2]

The man raped the boy in a toilet room cubicle, causing physical injury, and then went diving. [1] Goran told a lifeguard and the man was arrested. [2]

The Supreme Court of Austria overturned the conviction of rape and ordered a retrial Wien 01 Justizpalast a.jpg
The Supreme Court of Austria overturned the conviction of rape and ordered a retrial

The crime was not made public knowledge until February 2016, with the police giving the reason as to protect the victim. [1] Thomas Keiblinger, spokesman of police in Vienna, denied that the incident had been covered up because the perpetrator was a refugee. [1]

The perpetrator said that he had not had sex for four months as his partner had been ill since giving birth, so he "followed his desires" because he had "a marked surplus of sexual energy" and knew that his act would be illegal in any country of the world. [1] His defence lawyers mentioned his youth, living conditions and clean prior criminal record in mitigation. [2]

In court, it was heard that Goran had been profoundly disturbed by the crime, and was considering suicide. His family was awarded €4,700 in compensation. [2] The man was sentenced to six years in prison in June 2016, with a maximum 15 years, and possible deportation at the end. [2]

In October 2016, the Austrian Supreme Court overturned the man's conviction of rape, while upholding his second charge of aggravated sexual assault of a minor. The rationale was that the prosecution had not provided evidence that the man did not know that his victim did not consent. The man was kept in police custody until his retrial. [3]

In May 2017, judge Thomas Philipp reduced the sentence to four years in a final decision by the Supreme Court, saying that the rape was a "one-off incident" and "you cannot lose your sense of proportion here". [4]

Reaction

The crime led to a rise in anti-refugee sentiment in Austria. [2] The New York Times mentioned it and the gang rape of a grandmother in Traiskirchen as incidents that were causing a growth in support for the Freedom Party of Austria candidate Norbert Hofer in the 2016 election. [5]

Vladimir Putin, the president of Russia, spoke after the original conviction was overturned, a rare comment by him on the refugee crisis. He said "It doesn’t fit into my head what on earth they’re thinking over there. I can’t even explain the rationale – is it a sense of guilt before the migrants? What’s going on? It’s not clear. A society that cannot defend its children has no future". [3]

Related Research Articles

The Sydney gang rapes were a series of gang rape attacks committed by a group of up to fourteen Lebanese Australian youths led by Bilal Skaf against Anglo-Celtic Australian women and teenage girls, as young as 14, in Sydney Australia in 2000. The crimes, described as ethnically motivated hate crimes by officials and commentators, were covered extensively by the news media, and prompted the passing of new laws. The nine men convicted of the gang rapes were sentenced to a total of more than 240 years in jail. According to court transcripts Judge Michael Finnane described the rapes as events that "you hear about or read about only in the context of wartime atrocities".

A significant proportion of victims of rape or other sexual violence incidents is male. Historically, rape was thought to be, and defined as, a crime committed solely against women. This belief is still held in some parts of the world, but rape of males is now commonly criminalized and has been subject to more discussion than it was in the past.

Coker v. Georgia, 433 U.S. 584 (1977), held that the death penalty for rape of an adult woman was grossly disproportionate and excessive punishment, and therefore unconstitutional under the Eighth Amendment to the United States Constitution. A few states continued to have child rape statutes that authorized the death penalty. In Kennedy v. Louisiana (2008), the court expanded Coker, ruling that the death penalty is unconstitutional in all cases that do not involve murder or crimes against the State.

Fells Acres Day Care Center was located in Malden, Massachusetts, in the United States and was part of the day care sex abuse hysteria of the 1980s. Violet Amirault (1923–1997) opened the facility in 1966.

Capital punishment is a legal penalty in Iran. Crimes punishable by death include murder; rape; child molestation; sodomy; drug trafficking; armed robbery; kidnapping; terrorism; burglary; pedophilia; homosexuality; incestuous relations; fornication; prohibited sexual relations; sexual misconduct; prostitution; plotting to overthrow the Islamic regime; political dissidence; sabotage; arson; rebellion; apostasy; adultery; blasphemy; extortion; counterfeiting; smuggling; speculating; disrupting production; recidivist consumption of alcohol; producing or preparing food, drink, cosmetics or sanitary items that lead to death when consumed or used; producing and publishing pornography; using pornographic materials to solicit sex; recidivist false accusation of capital sexual offenses causing execution of an innocent person; recidivist theft; certain military offenses ; "waging war against God"; "spreading corruption on Earth"; espionage and treason. Iran carried out at least 977 executions in 2015, at least 567 executions in 2016, and at least 507 executions in 2017.

Statistics on rape and other sexual assaults are commonly available in industrialized countries, and are becoming more common throughout the world. Inconsistent definitions of rape, different rates of reporting, recording, prosecution and conviction for rape create controversial statistical disparities, and lead to accusations that many rape statistics are unreliable or misleading. In some jurisdictions, male-female rape is the only form of rape counted in the statistics. Countries may not define forced sex on a spouse as "rape". Rape is a severely under-reported crime with surveys showing dark figures of up to 91.6% of rapes going unreported. Prevalence of reasons for not reporting rape differ across countries. They may include fear of retaliation, uncertainty about whether a crime was committed or if the offender intended harm, not wanting others to know about the rape, not wanting the offender to get in trouble, fear of prosecution, and doubt in local law enforcement.

The Wichita Massacre, also known as the Wichita Horror, was a spree of random robberies, assaults, rapes, and murders perpetrated from December 7 to 14, 2000 by brothers Reginald and Jonathan Carr against several people in the city of Wichita, Kansas. In this period, the Carrs killed five people and a dog in the course of robberies and assaults, robbed another man, and severely wounded a woman. The crimes shocked Wichitans, and incited a boom in sales of guns, locks, and home security systems. The brothers were tried and convicted on multiple counts, including for kidnapping, robbery, rape, four counts of capital murder, and one count of first-degree murder. They were both sentenced to death in October 2002.

Kevin Coe is an American convicted rapist from Spokane, Washington, often referred to in the news media as the South Hill Rapist. As of May 2008, Coe is still a suspect in dozens of rapes, the number of which is unusually large; his convictions received an unusual amount of attention from appeals courts. Coe's mother Ruth was convicted for hiring a hitman against the judge and the prosecutor at her son's trial following his conviction. The bizarre relationship between Coe and his mother became the subject of a nonfiction book, Son: A Psychopath and his Victims, by the crime author Jack Olsen.

This is a list of notable overturned convictions in the United States.

Murders of Channon Christian and Christopher Newsom Hate crime

Channon Gail Christian, 21, and Hugh Christopher Newsom, Jr., 23, were from Knoxville, Tennessee. They were kidnapped on the evening of January 6, 2007 when Christian's vehicle was carjacked, and taken to a rental house, where both of them were raped, tortured, and murdered. Four males and one female were arrested, charged, and convicted in the case. The grand jury had indicted four of the suspects on counts of capital murder, robbery, kidnapping, rape, and theft, while a fifth was indicted on federal charges of carjacking, but also indicted for theft, murder and rape, years later in 2018.

The Double Jeopardy Clause of the Fifth Amendment to the United States Constitution provides: "[N]or shall any person be subject for the same offence to be twice put in jeopardy of life or limb..." The four essential protections included are prohibitions against, for the same offense:

A serial rapist is a person who rapes more than one person over a period of time. Some serial rapists target children. The terms sexual predator, repeat rape and multiple offending can also be used to describe the activities of those who commit a number of consecutive rapes, but remain unprosecuted when self-reported in research. Others will commit their assaults in prisons. In some instances, a group of serial rapists will work together. These rapists can have a pattern of behavior that is sometimes used to predict their activities and aid in their arrest and conviction. Serial rapists also differ from one time offenders because "serial rapists more often involved kidnapping, verbally and physically threatening the victims, and using or threatening the use of weapons."

Rape by deception is a crime in which the perpetrator has the victim's agreement and compliance, but gains it through deception or fraudulent statements or actions.

<i>R v Evans and McDonald</i>

R v Evans and McDonald was the criminal prosecution of two footballers, Ched Evans and Clayton McDonald, who were jointly accused of the rape of a woman. On 20 April 2012, Evans was convicted and sentenced to five years imprisonment. McDonald was acquitted. Several people were later fined after naming the woman on Twitter and other social media websites.

<i>Let Them Talk</i> (talk show) Russian talk show

Let Them Talk is a Russian talk show hosted by Dmitry Borisov. It invites guests to come before a studio audience to address personal issues; crime, drug abuse, suicide, prostitution, infidelity as well as society issues; attacks, migration, international relations.

Rape in Germany

Rape in Germany is defined by Section 177 of the Criminal Code of Germany. The definition of rape has changed over time from its original formulation in the penal code established in 1871, as extramarital intercourse with a woman by force or the threat. In 1997 laws were amended to criminalize marital rape, incorporate gender-neutral language, and recognize the effect of psychological coercion. In 2016 German laws were rewritten to remove a previous requirement that a victim physically resist their assailants and be overcome by force. The new law recognized any physical or verbal cue that one party does not consent to sexual contact. It also mandated deportation for migrants convicted of sexual assault, made it easier to prosecute rapes committed by groups, and criminalized other types of unwanted sexual contact, such as groping or fondling. The changes followed a series of high-profile cases that sparked public outrage at the inadequacy of the law.

2015–16 New Years Eve sexual assaults in Germany

During the 2015/2016 New Year's Eve celebrations, there were mass sexual assaults, 24 rapes, and numerous thefts in Germany, mainly in the Cologne city center. There were similar incidents at the public celebrations in Hamburg, Dortmund, Düsseldorf, Stuttgart and Bielefeld. For all of Germany, police estimated in a document leaked in 2016 that 1,200 women were sexually assaulted and that at least 2,000 men were involved, often acting in groups.

The Keighley child sex abuse ring was a group of twelve men who committed serious sexual offences against two under-aged girls in the English town of Keighley and city of Bradford, West Yorkshire. In December 2015, they were found guilty of rape and other forms of sexual abuse by a unanimous jury verdict at Bradford Crown Court. They were sentenced in February 2016 to a total of 130 years in jail. The main victim, who had been targeted by ten of the men, was aged between 13 and 14 at the time of the attacks between 2011 and 2012. The alleged ringleader of the gang was named as local drug-dealer Ahmed Al-Arif Choudhury, who was not among those found guilty in court and is believed to have fled abroad.

The Huddersfield grooming gang was a group of men who were convicted of sexual offences against girls in Huddersfield, West Yorkshire, United Kingdom. It was the largest gang ever convicted for sex abuse in the United Kingdom. The offences took place between 2004 and 2011, and the men were charged in April 2017 and convicted in 2018 in three separate trials. At one of the trials, the founder of English Defence League Tommy Robinson filmed the defendants and received a 13-month jail sentence for contempt of court in May 2018, later overturned for a retrial.

In 2010, police received a report of a child rape ring in Norwich, England, led by Marie Black, Jason Adams and Michael Rogers. Children's bodies were raffled as prizes in games of cards and then they were raped and sadistically abused. The crimes spanned 10 years and all victims were younger than 13. The three ringleaders received significant prison sentences.

References

  1. 1 2 3 4 5 "Iraqi migrant admits raping boy in Austrian pool after having 'too much sexual energy'". Telegraph. 6 February 2016. Retrieved 11 November 2016.
  2. 1 2 3 4 5 6 7 "Iraqi refugee who raped 10-year-old boy at swimming pool in Austria jailed for six years". Independent. 15 June 2016. Retrieved 11 November 2016.
  3. 1 2 "Vladimir Putin claims decision to overturn child rape case conviction 'dilutes national values'". Independent. 3 November 2016. Retrieved 11 November 2016.
  4. "Bub vergewaltigt - Iraker kommt in Kürze frei!". Kroner Zeitung (in German). 23 May 2017. Retrieved 20 July 2018.
  5. "Migrant Crimes Add Volatile Element to Austria's Election". New York Times. 21 May 2016. Retrieved 11 November 2016.