Facts
The case concerns an appellant who is alleged to have seduced minors to unnatural lewdness on multiple occasions. The Public Prosecutor's Office of the Canton of St. Gallen brought charges against the appellant pursuant to Art. 194 para. 1 of the Swiss Criminal Code (seduction of minors to unnatural lewdness). The Cantonal Court convicted the appellant. The appellant filed an appeal with the Court of Cassation of the Swiss Federal Court.
Considerations
The Federal Court upholds its previous case law on the concept of "seduction" within the meaning of Art. 194 para. 1 of the Swiss Criminal Code. Accordingly, seduction does not require that the minor actively or expressly resists. Even if the minor is inclined to engage in homosexual acts, the perpetrator can exert a determining influence on him and thus lead him to ruin.
The Federal Court rejects the appellant's objection that the legislative history of the law speaks in favor of a narrow interpretation of the concept of seduction. It clarifies that the legislator has deliberately formulated the term in a broad manner, in order to allow the judge room for interpretation.
The Federal Court also rejects the appellant's objection that the use of different terms in the language versions of the law speaks against a broad interpretation. It emphasizes that the true meaning of the term "seduction" must be determined by interpretation in each individual case.
The Federal Court therefore upholds its previous case law, according to which seduction is also present when the minor does not offer any recognizable resistance to the temptation. It sees no reason to deviate from this case law, as the danger that young people will be drawn into the activities of homosexuals has rather increased since the enactment of the law.
Rega…