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Police said the 20-year-old Iraqi refugee, who has not been named, assaulted his victim in a toilet cubicle at the Theresienbad swimming pool in Vienna on 2 December last year.
The child reported the rape to a lifeguard and his attacker was arrested at the scene, reportedly telling officers in initial interviews that he was experiencing a “sexual emergency” after not having sex in four months.
In June, he was jailed for a minimum of six years for rape and aggravated sexual abuse of a minor, and ordered to pay €4,700 (£3,700) compensation to the boy’s family.
But on Thursday, Austria’s Supreme Court overturned the rape conviction and ordered a re-trial on the charge.