Facts
On May 21, 1999, the District Court of Laufenburg found the appellant X. guilty of multiple acts of sexual acts with children under Art. 187 para. 1 of the Swiss Criminal Code (StGB) as well as multiple counts of sexual coercion under the former Art. 188 StGB, and sentenced him to 3 1/2 years of penitentiary. In its judgment of November 16, 2000, the High Court of the Canton of Aargau found X. guilty of multiple acts of sexual acts (Art. 187 para. 1 StGB) as well as multiple counts of sexual coercion (Art. 189 StGB) and sentenced him to 3 1/4 years of penitentiary.
X. filed a federal nullity appeal with the request to set aside the judgment of the High Court and to remand the case for a new assessment.
Considerations
The Federal Supreme Court dismissed the appeal, insofar as it entered into it. It stated that the appellant had exploited his general superiority as an adult, his paternal-like position and authority, as well as the friendly feelings and affection of the girls. The victims "idolized" the appellant, unconditionally acknowledged his authority and sought recognition, love and protection from him, but due to the taboo associated with the "father figure" function and the appellant's social position, they were driven into an inescapable situation of conscience. This put the girls in a paralysing moral conflict that rendered them incapable of resisting. Therefore, a psychological pressure within the meaning of Art. 189 para. 1 StGB must be affirmed.
The Federal Supreme Court…