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A lawyer who raped a passed-out tourist at the Oktoberfest beer festival walked free from court with a suspended sentence claiming he developed a 'spontaneous affection' having guzzled at least 10 pints of beer.

The 38-year-old himself upon the holidaymaker at the famous beer festival in Munich while the man was in a drunken state, and told the court he could not explain his actions and that he was not homosexual despite sexually abusing the man.

A court heard how the sex attacker also forced his victim to give him oral sex at the world famous event in the German state of Bavaria.

He targeted a 32-year-old American man on the Kotzhugel, an infamous hill beside the beer tents where many drinkers go to sleep off a day's boozing.

The rapist, known only as Sergeii C due to German's strict privacy laws, was filmed by a pair of Spanish festival-goers though the footage was not made publicly available.

At first they thought he was robbing his sleeping victim during the attack at around 10pm on October 1 last year.

One of them told the court: 'He grabbed the victim in the leather pants at the front.

'We thought at first it was a robbery. But then he made clear movements that surprised us.'

The Ukrainian-born attacker confessed his crime in court but said he could not actually remember the incident.

He told the court: 'I had drunk at least six litres of beer. I cannot explain it to myself. I am not homosexual.'

Sergeii C claimed he had developed a 'spontaneous affection' due to the amount of alcohol he had drunk.

He added that he believed the victim had agreed, otherwise he 'would have never done it'.

The American victim, who cannot be named to protect his privacy, did not appear in court.

But according to the police the attack had been 'incredibly embarrassing' for him.

Sergeii C, who testified at the district court with the aid of a translator, was given a two-year suspended prison sentence.