Facts
The appellant [X.] was convicted by the District Court of Winterthur of attempted and multiple completed rapes, sexual coercion, multiple coercion, and other offenses to a conditional custodial sentence of 22 months and a fine of CHF 300. The High Court of the Canton of Zurich convicted him on appeal of sexual coercion, attempted rape, and multiple coercion to a partially suspended custodial sentence of 28 months and a fine of CHF 300 as a partial additional penalty. It acquitted him of the charge of multiple rape.Considerations
The Federal Supreme Court quashes the judgment of the High Court and remands the case for a new assessment to the lower court. The lower court must personally hear the respondent 2 (the former wife of the appellant) as it is a "one person's word against another's" situation and the credibility of her statements is crucial to the outcome of the proceedings. The video recordings of the prosecutorial examinations cannot replace the judicial questioning, as the respondent 2…