Facts
The appellant [X.] was found guilty of sexual coercion, kidnapping, and obstruction of measures to determine incapacity to drive by the Criminal Court of Basel-Stadt on December 15, 2009. He was sentenced to 1 ½ years' imprisonment, as an additional sentence to the judgment of the Colmar Court of Appeal (F) of June 19, 2007. Furthermore, he was ordered to pay CHF 1,000 in compensation to the respondent 2 [Y.] .
The Court of Appeal of the Canton of Basel-Stadt upheld the first-instance judgment on February 15, 2012.
Considerations
The Federal Supreme Court notes that the lower court rightly considered the statements of the respondent 2 [Y.] to be credible. The assessment of the evidence by the lower court is not arbitrary. The appellant was able to question the victim through his lawyer, and the lower court was allowed to refuse a direct confrontation with the victim, as this would have been a great burden for the witness.
The appellant's request for a forensic psychological credibility assessment of the respondent 2 was also rightly rejected, as the witness's transsexuality had no influence on her…