Facts
The case concerns a photographer, X., who was convicted of pushing two women, A. and B., into prostitution. The facts took place between October and December 1996, during which X. took photos of A. and encouraged her to prostitute herself in various establishments, including the Y-Club. A. had sexual relations with several men for payment, including one that resulted in sexual intercourse. X. also took photos of B., who was a minor at the time, and pushed her into prostitution with two men for payment.
The cantonal court convicted X. for these acts, as well as for other offenses, to a sentence of 30 months in prison. X. filed an appeal with the Federal Court, challenging his conviction for the offenses of promoting prostitution.
Considerations
1. Introduction
The Federal Court examined the grounds of the appeal filed by X. against his conviction for the offenses of promoting prostitution. The court considered that prostitution consists of offering one's body to third parties for sexual pleasure in exchange for payment, and that this can take various forms, including occasional or regular prostitution.
2. Promotion of Prostitution
The court considered that X. had pushed A. into prostitution by encouraging her to prostitute herself in various establishments and helping her find clients. The court also considered that X. had exploited A.'s dependence and had acted with the intention of obtaining material gain. However, the court found that the facts did not allow it to determine with certainty whether X. had actually obtained material gain from A.'s prostitution.
3. Promotion of Prostitution and Minors
The court considered that X. had also pushed B., who was a minor at the time, into prostitution by pushing her to prostitute herself with two men for payment. The court…