Facts
On January 6, 1996, the defendant A. took an unknown girl B. into the back business premises of a kebab stand in Zurich. He gave the girl chocolate and then performed several sexual acts, including hugs, kisses on the mouth, and attempts at French kissing. The girl was paralyzed during this and could not escape. The Zurich District Court convicted A. of sexual acts with children (Art. 187 No. 1 para. 1 SCC) and sexual coercion (Art. 189 para. 1 SCC) to five months' imprisonment conditionally and to pay 1,000 francs in compensation to B. The Zurich Cantonal High Court confirmed the judgment on July 3, 1997. A. filed a federal appeal for annulment, which was dismissed by the Federal Supreme Court.
Considerations
The Federal Supreme Court confirmed the legal assessment of the lower court that the defendant's actions were to be qualified as sexual acts within the meaning of Art. 187 No. 1 para. 1 SCC and as sexual coercion within the meaning of Art. 189 para. 1 SCC. The acts were clearly sexual in nature and went far beyond usual kisses and hugs. The sexual character of the acts was reinforced by their duration, intensity, and the retreat into the back rooms. The Federal Supreme Court emphasized that the revision of sexual criminal law does not relativize the protection of children from sexual exploitation.
The Federal Supreme Court stated that sexual acts with children are only…