Iraqi refugee who raped a 10-year-old boy at a swimming pool in a 'sexual emergency' has his conviction overturned because the Austrian court 'didn't prove he realised the boy was saying no'

• Rapist, known as Amir A, 20, said he attacked boy in a 'sexual emergency'
• He had not had sex in four months, so dragged him into changing rooms
• Supreme Court in Austria now say prosecution did not prove the rape claim
• They want harder evidence the boy, 10, was forced to act against his will 

An Iraqi refugee who raped a 10-year-old boy at a swimming pool has had his conviction overturned because a court didn't prove he realised the boy was saying no.

The rapist, identified as Amir A, 20, violently sexually assaulted the boy in the changing room of Theresienbad pool in Austria claiming it was a 'sexual emergency' because he had not had sex for four months. 

But an appeal court in the country accepted the defence lawyer's claim that the lower court had not done enough to prove he knew the schoolboy was saying no and overturned the conviction.

The incident occurred in December 2015 as part of the integration process where he traveled with a 15-year-old helper and translator who was meant to be teaching him how to integrate into life in Vienna.

He seized his moment at the pool and dragged the boy into the changing rooms and locked the door before raping him. 

The boy, known as Goran, required immediate medical treatment and has been suffering with post-traumatic stress disorder ever since. 

Brazen predator Amir A even went back to the swimming pool after the rape and was playing on the diving board when police came to arrest him.  

Confessing to the rape in an interview with officers, he said he knew what he did was wrong but did it anyway because it was a 'sexual emergency' having gone four months without sex, according to The Local. 

In the initial court hearing, he was found guilty of sexual assault and the rape of a minor and was sentenced to six years in jail. 

But the Supreme Court rescinded the sentence and ordered a re-trial with the court's president Thomas Philipp calling the verdict 'watertight' when it came to the sexual assault of a child, but that rape could not be sufficiently proved, says The Local. 

The higher court said it should have been ascertained whether or not the victim agreed to the sexual act or whether Amir A had acted against the will of the boy.  

A second trial for the rape is expected to take place next year, but the attacker is likely to remain in custody until then.