The prosecution hadn't proved that the 10-year-old had not given consent. The age of consent in Austria is 14. Don't try to figure it out. It's Europe.

Aside: I visited Denmark this summer. They appear to be one of the few Western European countries with a rational migrant policy. When migrants enter from Germany, Denmark confiscates their possessions and then ships them across the bridge to migrant-infatuated Sweden. (Another Denmark quirk: When Brexit is complete, Denmark will be the only EU country that has no intention of ever using the euro, retaining their own currency, the krone.)

Oh, I almost forgot. The story:

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Migrant has conviction overturned after raping boy, 10, in ‘sexual emergency’
Yahoo News - October 24, 2016

A migrant who raped a 10-year-old boy in a swimming pool has had his conviction overturned because the court could not prove that the child said no.

The man, identified only as 20-year-old Iraqi Amir A, violently sexually assaulted the victim while he was undergoing an integration process at Theresienbad pool (above) in Vienna, Austria, last December.

After the assault, Amir - who had been working as a taxi driver - went back into the pool and was found on the diving board when police turned up.

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https://ca.news.yahoo.com/migrant-conviction-overturned-raping-boy-104249822.html