Facts
The appellant [A.] was convicted by the High Court of the Canton of Zurich for sexual acts with children and rape. The conviction is based on several counts, including sexual acts with a 13-year-old, a nearly 14-year-old, and an under 16-year-old person, as well as a rape. The appellant was sentenced to an unconditional prison sentence of 26 months, which was suspended in favor of a measure for young adults. In addition, he was expelled from the country for five years and an entry was made in the Schengen Information System (SIS).
The appellant lodged a complaint and requested that the judgment of the lower court be overturned and that he be acquitted of the charges. He claimed that he had been in a avoidable error of law, as he had not been aware of the concept of the age of protection. He also requested that he be exempted from expulsion and entry in the SIS.
Considerations
The Federal Court examined the complaint and came to the following conclusion: The appellant had not been in an avoidable error of law, as he should have recognized, despite his origin and lack of knowledge of Swiss law, that sexual acts with children are punishable. The lower court had rightly confirmed the conviction for sexual acts with children and rape.
The Federal Court also examined the…