Conviction for Inducement of a Minor to Unnatural Lewdness

Facts

The case concerns the conviction of a man for inducement of a minor to unnatural lewdness pursuant to Art. 194 para. 1 of the Swiss Criminal Code (SCC). The Criminal Cassation Court of the Swiss Federal Court had to decide on the appeal of the convicted person against the judgment of the lower court.

The appellant was convicted by the Cantonal Court of Zurich for inducement of a minor to unnatural lewdness under Art. 194 para. 1 SCC. He then filed an appeal with the Criminal Cassation Court of the Federal Court.

Considerations

The Criminal Cassation Court confirmed the case law that the term "inducement" within the meaning of Art. 194 para. 1 SCC is to be interpreted broadly. Accordingly, it is irrelevant whether the victim resists the perpetrator or willingly engages. The decisive factor is that the perpetrator exerts a determining influence on the minor and acts as the driving force.

The court explained that the legislator with Art. 194 para. 1 SCC aims to protect the incompetent from inducement to unnatural lewdness. The law assumes that minors are not yet fully responsible in sexual matters and must therefore be protected from their own weak and easily influenced will.

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