Facts
The Federal Supreme Court consolidates two appeals against a judgment of the Court of Appeal of the Canton of Basel-Stadt. The Public Prosecutor's Office requests a higher sentence and longer expulsion from the country, while the accused demands an acquittal. The accused [A.] was accused, together with a juvenile [B.] , of having sexually harassed someone in a building entrance in Basel using force. This is alleged to have resulted in a completed rape, an attempted rape, and sexual coercion. The Criminal Court sentenced [A.] to 4.25 years' imprisonment and 8 years' expulsion from the country. The Court of Appeal reduced the sentence to 3 years, of which 18 months were suspended, and the expulsion from the country to 6 years. Both the Public Prosecutor's Office and [A.] have appealed against this judgment to the Federal Supreme Court.Considerations
The Federal Supreme Court partially overturns the judgment and remands the case to the lower court for a new assessment of the sentence. In sentencing, the lower court considered in favor of the accused [A.] that the rape by the co-perpetrator was relatively short-lived and that [A.] did not personally penetrate the private prosecutor. Furthermore, it did not attribute the co-perpetrator's ejaculation onto the private prosecutor's face to the accused [A.] . This proves to be contrary to federal law. For the actions of the two perpetrators were mutually…