Facts
On 23 April 1997, a young woman, Z., was found unconscious in a hotel cleaning room. The investigations revealed that she had consumed cocaine, but a subsequent control test contradicted this result. Z. then accused the hotel owner, X., of raping her. The investigation revealed contradictions in Z.'s statements and those of the witnesses. An expert was appointed to assess the credibility of Z.'s testimony.
The cantonal court convicted X. of rape, mainly based on the expert's report. However, the defense challenged the credibility of the expert's report, arguing that the methods used were insufficient and the conclusions were incorrect.
Considerations
The Federal Court examined the cantonal court's decision and found that the expert's report was methodologically insufficient. The rules of art for establishing the credibility of a testimony had not been respected. The expert's report had not taken into account the contradictions in Z.'s statements and had not thoroughly evaluated the possible motivations for a false accusation.
The Federal Court also found that the cantonal court had violated the principle of the…