Facts
The Public Prosecutor's Office of the Canton of Schwyz opened a criminal investigation against [B.] on 7 November 2019 based on a criminal complaint filed by [A.] for suspicion of sexual coercion, exhibitionism, and simple assault in the night of 26/27 August 2019 in a hotel room. [B.] admitted to having touched [A.] on the breasts and genitals during embraces.
The Public Prosecutor's Office discontinued the criminal proceedings with a discontinuation order dated 2 November 2020 pursuant to Art. 319 para. 1 lit. a CrimPC. The Cantonal Court of Schwyz dismissed the appeal filed by [A.] against the discontinuation order with a decision dated 10 May 2021.
[A.] filed a criminal appeal with the Federal Supreme Court, requesting the annulment of the cantonal court's decision and the remittal of the case to the Public Prosecutor's Office for the continuation of the investigation and the filing of an indictment/issuance of a summary penalty order.
Considerations
The Federal Supreme Court holds that the requirements for the discontinuation of criminal proceedings pursuant to Art. 319 para. 1 lit. a CrimPC are not met. The lower court failed to weigh the statements of the appellant and the respondent evenly and wrongly assumed a clear set of facts.
In "word-against-word" constellations like the present case, where the…