Brickbat: No Means No

S@ndrine Néel / CC BY-ND

An Austrian court has ordered a new trial for an Iraqi refugee convicted of raping a 10-year-old boy at a public swimming pool. The man was convicted on counts of rape of a minor and serious sexual assault. The court upheld the sexual assault conviction but set aside the rape conviction, saying the lower court should have done more to ascertain whether the man knew the boy didn't give consent to the sexual act.

Comments

[John C. Randolph]

I don't get why consent is even an issue. This perp raped a child.

-jcr

[Agammamon]

In some situations it can be the difference between rape and statutory rape. However, I wouldn't have thought it would be relevant with a 10 year old victim.

[GroundTruth]

How does a child consent? There is no parity of intellect, experience or social ability between the two. Abdul or whatever should be a on a train headed back to ISIS-stan.

[UnCivilServant]

No, send the judges there, give Abdul over to the costudy of certain "Concerned Citizens". The judges might get a better perspective on what is going on - if any survie the tender mercies of the Islamists.

[Groovus Maximus]

That was actually suggested, to the point of having a petition signed by thousands, that the Harry Potter gal should spend quality time with the Rapefugees wayward, majority Islamo-Mohammedan male, migrants.

I think the same should be done with these judges as well.

[Tonio]

The Calais camps, at which I believe the petition says she should spend time without her security detail, are now closed.

[Groovus Maximus]

Correct on both, Tonio. There are plenty of other Rapefugee centres and No-Go Zones for these judges to have, "Meets n' Greets." And they can forego any details as well.

[Quo Usque Tandem]

Seems like a very natural question, whether a 10 year old has the capacity, legally or realistically, to give consent to being sodomized. Apparently they do, at least in Austria. Must be a pedophiles theme park.

[Bubba Jones]

Perhaps the question is whether the perp's own upbringing taught him that 10 year olds can't consent. And therefore perhaps he didn't mean the rape the boy. Only to assault him.

[straffinrun]

In case of Sexual Emergency, break ass.

[Adans smith]

You know who else raped Austria?

[The Grinch]

Pergali Ibrahim Pasha?

[Radioactive]

Gilligan?

[Drave Robber]

Canada, in 1956

[Swiss Servator]

Wallenstein?

[Ted S.]

Franz Fuchs?

[Citizen X]

British convicts?

[Swiss Servator]

Do you even speak Austrian bro?

[Citizen X]

G'day, mate!

[GroundTruth]

All over Salzburg, you can buy souvenir tee-shirts that say (in English) "There are no Kangaroos in Austria!"

[SQRLSY One]

But they sell Foster's Lager there, in Austria, do they not!?!?!?

(And, ken ye scratch me down under, please!?!?! Ah haz bin drinking soooo many Foster's Lagers fer so long, Ah kin no longer reach down under there!!!)

[Free Society]

The Statue of the Unknown Rapist.

[straffinrun]

Oh, and it's Halloween night here. 6:00pm or so. Being in Japan, I had to inform the kids and parents that if they want to trick or treat at our house, I'll have candy ready. Nobody yet. I'd start eating the candy, but I don't want to pass out this early.

[Adans smith]

When you say 'eat the candy' is that code for crack open a few? BTW,any clown panic there or is it banshee you have to worry about?

[straffinrun]

On number 3. We'll see how it goes.

[Radioactive]

how's my mathhh...2+ adult beverages in about 1/2 hour...stoned by 7:23 am EDT

[Citizen X]

It's a masturbation euphemism.

[SQRLSY One]

Sounds kinda Citizen-X-rated to me...

PLEASE think of the CHILDREN who read the comments!!! If they all go blind, donna be blamin' MEEEE!!!!

[Libertarian]

"I had to inform the kids and parents that if they want to trick or treat at our house, I'll have candy ready."

But, but I thought everyday in Japan was Halloween. In the land of cosplay boys dress up as monsters, girls dress up like slutty everythings, and if Pearl Harbor isn't the biggest prank of all time I don't know what is.

[Trump In Clown Costume, Jr.]

At a glance, I thought you were suggesting a Halloween costume called "Slutty Pearl Harbor" which would be among the most hilariously offensive, or offensively hilarious, costumes of all time.

[SQRLSY One]

My ship will gladly take on yer torpedo any time ye please! That's how slutty MY Pearl Harbor is!!!

[Fist of Etiquette]

The attacker, identified as 20-year-old Iraqi migrant Amir A., had been treated to a trip to the Theresienbad pool in December 2015 as part of the integration process.

He had also been provided with a 15-year-old helper and translator who was supposedly teaching him how to integrate into life in Vienna.

Someone needs to review that 15-year-old's orientation packet. It may not have been adequate.

[Groovus Maximus]

I don't see how. It was well illustrated. Granted, there wasn't much in the way of written words without much interpretation (ha!), but the pictures I'm sure spoke for themselves.

[The Grinch]

Another example of why the hard right is gaining a foothold in Europe. Not the cuddly Chamber of Commerce right either but with travesties like this happening on a fairly regular basis it's hard to blame them.

[Radioactive]

DEATH TO THE OTHERS!!!!....well it's what everyone's really thinking isn't it?

[Adans smith]

Pretty much every day here.

[Trigger Warning]

You know who else from Austria avoided conviction?

[Adans smith]

Kurt Waldhiem

[Mr Lizard]

Sir Ulrich Von Lichstenstein?

[The Fusionist]

Alfred Redl?

[Citizen X]

Paul Hogan?

[BigT]

Ahnold?

[Trigger Hippie]

A young, traumatized Austrian boy has been set on a path of lifelong collectivized hatred for an ethnic/religious group.

Oh well. What's the worst that could happen?

[Adans smith]

I guess he'll apply for art school then maybe write a book.

[GroundTruth]

Of course, I expect all of the you-know-who references about Austrians, but that one hit me just right, causing me to spit a mouthfull of cider and sandwich all over my desk and keyboard. Thanks....

[Groovus Maximus]

Well, he becomes a militant vegan and passionate Animal Privileges advocate, and develops an interest in watercolouring.

[straffinrun]

Governor of California?

[Libertarian]

TOO SOON

[Swiss Servator]

*loud applause*

[CatoTheChipper]

The social justice is strong in Austrian appeal court.

You guys are confusing justice with social justice.

[Cyto]

With both major party candidates imploding, have you noticed all the coverage that Gary Johnson is getting?

Yeah, me neither....

So I went over to the friendliest mainstream outlet - Fox News - and did a search. The last story they have with his name is from October 25. And the headline is "Gary Johnson: Trump is Toast"

So not even a story about Johnson, but kinda Johnson-as-pundit saying Trump's gaffes and missteps have done him in.

Remember all that speculation about people running to a 3rd party if both major parties nominated candidates that the people hate?

[UnCivilServant]

Remember all that speculation about people running to a 3rd party if both major parties nominated candidates that the people hate?

That might have worked - if both major party candidates were merely distateful. But when the evidence is that a candidate so beyond the pale of acceptable could end up winning, a lot of voters won't run the risk of voting for a spoiler. They are too terrified of what will happen if the opposition vote splits.

[CatoTheChipper]

The Johnson/Weld campaign has not contributed as much to Hillary's campaign as Johnson and Weld had hoped.

Johnson considers Hillary "a wonderful public servant" and Weld considers Hillary "a close personal friend".

I even hear that there are a few Trumpetarians: libertarians so disgusted with the LP ticket will vote for Trump instead of the LP candidate. Nick insulted them at FreedomFest and is going debate some other Trumpetarians tomorrow.

[Zeb]

The Libertarians aren't very libertarian, so people are going to vote for someone who isn't libertarian at all. I think there is something wrong with that reasoning. Crab bucket libertarianism indeed.

Johnson would be a shitty king of Libertopia. He'd be a much better president of the US than Hillary or Donald.

[Radioactive]

"close personal friend"...shudders and simultaneously throws up in mouth a little.

[Bra Ket]

How would you publicly describe a person who's enemies die mysteriously?

[Suthenboy]

I have no idea what Austrian law is, so I have no idea if this sort of thing is consistent with their laws or not. Regardless, this is what a dying enlightenment looks like.

[CatoTheChipper]

This is what social justice looks like.

It's different from ordinary justice.

[Citizen X]

The opposite of it, really.

[sarcasmic]

Yes indeed. Social justice is fairness by force.

[Suthenboy]

Fairness...or something.

[sarcasmic]

or else

[Trump In Clown Costume, Jr.]

"Fairness by force"...consider it stolen.

[tarran]

Hey man. How'd it go? If you can't talk, we understand.

[sarcasmic]

I've got to quit drinking if I ever want to see my kid again. Nothing else to say.

[tarran]

How does that work?

[sarcasmic]

As in how do I prove it to the CPS cunt? I have no idea.

[tarran]

Rule Number 1: Every public utterance you make is public. Calling people who have power over you, while very satisfying for a few seconds can cause you long term trouble if they are vindictive.

[tarran]

Did they give you anything in writing?

[sarcasmic]

Yes. But it was full of weasel words. Nothing definitive. I don't want to talk about it anymore.

[tarran]

OK. If ever you want to talk, I'm here. OK?

[Pompey]

I suggest you shop that written notice around to family lawyers and pay a smaller consultation fee to pick their brain for an hour. It'll be worth the $500 and won't generally require a retainer. Not lecturing or saging you, but don't be pound foolish.

[Pompey]

If you want to go through the motions, you never have to release the documentations, but you could definitely video record the interior of your home common areas 24/7, and play the card if you ever need to. Hopefully that never happens.

[Tonio]

Ugh, that sucks. Realize you don't want to or can't talk about that. My thoughts are with you.

[Suthenboy]

In fairness CX and Cato, no one could have seen it coming.

Alternate comment: If Amir A. gets a shot at the good life then it's worth it.

/ Cytotoxic

[Trump In Clown Costume, Jr.]

Where IS that goddamn kid, anyway?

[Citizen X]

Is he STILL grounded? His mom must've found out why all the neighborhood cats went missing.

[Groovus Maximus]

"So, Greg Cytotoxic, how do you milk a cat?"

*TW: Crusty'sobject d' stalk paramour, Blythe Danner.

[Radioactive]

neither do the Austrians apparently...

[Trump In Clown Costume, Jr.]

I think Cytotoxic's been going about this cat breeding thing all wrong.

[AlmightyJB]

Look how are barbarbians supposed to know little boys don't want to be sodomized? American judges seem to have an affinity for pedophiles as well. Not sure what that's about.