Facts
The appellant [A.] was convicted by the District Court of Dielsdorf for multiple sexual coercion, sexual acts with children, and pornography. The High Court of Zurich upheld this conviction. The appellant requested the annulment of the judgment and his acquittal.
The respondent [B.] , a child who was then 8-10 years old, had stated that the appellant had sexually abused her. The appellant denied the allegations and claimed that the respondent had fabricated the allegations.
The Federal Court had to decide whether the respondent's statements were admissible, whether the lower court had rightly rejected the request for the preparation of a psychological credibility assessment, and whether the lower court had arbitrarily established the facts.
Considerations
The Federal Court decided that the respondent's statements were admissible, as the lower court had informed the respondent in a manner suitable for her age and the respondent had described her statements clearly and consistently. The Federal Court found that the lower court had rightly rejected the request for the preparation of a psychological credibility assessment, as there were no indications of a disorder that could have influenced the respondent's testimony.
The Federal Court…