Facts
Parties: Public Prosecutor's Office of the Canton of Zurich and A. (appellant) against B. (respondent)
Courts: District Court of Meilen, Higher Court of the Canton of Zurich, Federal Supreme Court
Date: June 24, 2021
Main Allegations: Aggravated rape and multiple, partially aggravated sexual coercion to the detriment of A.
Case Summary: B. was convicted by the District Court of Meilen of intentional homicide, aggravated rape, and multiple sexual coercion. However, the Higher Court of the Canton of Zurich acquitted B. of the charges of aggravated rape and sexual coercion. The Public Prosecutor's Office and A. filed an appeal with the Federal Supreme Court.
Key Points: The appellants allege arbitrariness in the establishment of facts, evaluation of evidence, and violation of the right to be heard. They argue that the previous instance wrongly assessed the statements of appellant 2 as implausible and disregarded incriminating evidence.
Considerations
The Federal Supreme Court upholds the appeals and finds that the previous instance violated its duty to investigate. The previous instance incompletely collected and considered important evidence, leading to an arbitrary evaluation of evidence. The court emphasizes that victims of sexual offenses often report late due to fear and shame, which does not speak against the credibility of their statements.
The previous instance partially assessed the statements of appellant 2 as exaggerated and implausible without sufficiently collecting evidence. The Federal Supreme Court finds that the previous instance violated its duty to provide reasons by not…