Sexual acts with dependent persons - It does not matter whether the victim gives the impression of being sexually open or does not perceive the abuse of superiority

Facts

The Federal Tribunal was seized with an appeal for nullity by the Public Prosecutor's Office of the Canton of Vaud against a judgment of the Criminal Cassation Court of the Vaud Cantonal Tribunal that had acquitted [S.] of the offense of sexual acts with dependent persons (Art. 188 CC).

[S.], born in 1942, had homosexual relations with Alain, born in 1976, starting in 1993 when Alain was almost 17 years old. Although [S.] was aware of Alain's family, professional and integration difficulties, the cantonal court considered that there was no relationship of dependence between them.

Considerations

According to the Federal Tribunal, Art. 188 CC aims to protect minors over 16 years of age from sexual abuse when they are in a relationship of dependence that diminishes their freedom of decision. The perpetrator must have taken advantage of this relationship of dependence, which is not the case when the minor, although vulnerable, is not in a situation of distress and the perpetrator does not have a…