Fraud by feigning willingness to pay for sexual services

Facts

Parties: Appellant A. against the Public Prosecutor's Office of the Canton of St. Gallen and private plaintiff B.

Court: Federal Supreme Court, Criminal Law Division

Date: January 8, 2021

Main issue: The appellant A. was convicted by the District Court of St. Gallen of fraud, data destruction, and petty theft. He filed an appeal, which was dismissed by the Cantonal Court. The appellant disputes the deception regarding his ability and willingness to pay.

Background: A. placed an advertisement on a Swiss classifieds platform, to which B. responded. A. promised B. payment of CHF 2,000.- after sexual intercourse. After the act, B. did not receive the money. A. deleted chat histories, emails, and photos from B.'s mobile phone and took CHF 41.- from her wallet.

Considerations

The feigning of willingness to pay is generally fraudulent as deception regarding internal facts. The private plaintiff had no reason to doubt the appellant's ability and willingness to pay, particularly due to his appearance and professional statements. The lower court rightly assumed that the private plaintiff could rely on the appellant's ability to pay.

The deception regarding the willingness to pay is fraudulent as it concerns an internal fact that the contractual partner cannot directly verify. The…