Facts
The appellant X. is accused of regularly physically abusing and sexually coercing or raping his former partner A. during their relationship. Furthermore, he is said to have forced A. to work as a bartender in a club and sell cocaine there in addition to drinks. On September 4, 2013, the District Court of Bucheggberg-Wasseramt convicted X. of these offenses and imposed a four-year additional sentence to a judgment of the High Court of the Canton of Solothurn dated June 15, 2011, which had sentenced X. to 8 years' imprisonment and a fine of 500 francs.
X. appealed against the convictions for multiple rape, multiple sexual coercion, and coercion. On May 22, 2014, the High Court of the Canton of Solothurn dismissed the appeal and also imposed a four-year additional sentence.
X. lodges a criminal law appeal and requests to be acquitted of the charges of multiple rape, multiple sexual coercion, and coercion. Alternatively, he requests the case to be remanded for a new assessment.
Considerations
The Federal Supreme Court first clarifies that Art. 49 para. 2 of the Swiss Criminal Code does not allow a renewed review of the legally binding main sentence. The additional sentence is the reduced sentence for the newly assessed acts, resulting from the aggregation with the main sentence. The second court is bound by the legal force of the main sentence and cannot subsequently increase it.
The Federal Supreme Court criticizes that the lower court increased the legally binding main…