Facts
The Federal Supreme Court consolidates several proceedings against [X.] , [Y.] and [Z.] , who were convicted by the High Court of the Canton of Thurgau for co-perpetration in rape and sexual coercion. The appellants request their acquittal.
The facts can be summarized as follows: On the evening of March 10, 2009, the four men got into a car together with [A.] . In a parking lot in the industrial district, [X.] and [Z.] performed sexual acts with [A.] in the backseat of the vehicle, with [X.] having sexual intercourse with her. [Y.] filmed the incident without [A.] 's consent using his mobile phone.
The High Court found the four men guilty of rape, sexual coercion and, in one case, violation of the secrecy or privacy of the person by recording devices. It sentenced them to suspended custodial sentences and ordered them to pay [A.] a satisfaction of a total of CHF 22,000.
Considerations
The Federal Supreme Court considers the factual findings of the lower court to be free from arbitrariness. It finds that [A.] did not want the sexual acts and that appellants 1 and 3 recognized this, while appellant 2 seriously considered the lack of consent. Through their joint behavior, the four men put [A.] under considerable psychological pressure, so that she ultimately gave up her initial resistance.
The Federal Supreme Court…