Facts
The case concerns a repeat sexual offender who sexually abused two women using sleeping pills in 2011 and 2012. The criminal court of the canton of Basel-Stadt sentenced him to 4.5 years' imprisonment for multiple counts of sexual coercion and simple assault, and subsequently ordered his lifelong detention.
The appellant appealed against this judgment. The Federal Supreme Court overturned the order for lifelong detention, as the requirements for it were not met. In particular, the requirement of "particularly serious impairment of physical, psychological or sexual integrity" under Art. 64 para. 1bis lit. a of the Swiss Criminal Code was not fulfilled. Sexual coercion within the meaning of Art. 189 para. 1 of the Swiss Criminal Code does not necessarily lead to such serious impairment.
Considerations
The Federal Supreme Court emphasized that very high requirements must be placed on the order of lifelong detention. The requirement of "particularly serious impairment" makes it clear that only the most serious forms of the listed catalogue offences can serve as triggering offences.
In the present case, the sedation of the victims by the secretly administered sleeping pill was a criminal offence, but did not constitute a particularly serious…