Facts
The Federal Court has rendered a judgment in the case P. against the Public Prosecutor's Office of the canton of Saint-Gall. The defendant was sentenced to 16 years of imprisonment for kidnapping, rape and sexual coercion. The Federal Court dismissed the appeal for nullity filed by the defendant.
The facts of the case are as follows: the defendant and three other persons kidnapped a woman, took her to an apartment and raped her in turn. The other defendants were in the next room, ready to act in their turn. The victim suffered sexual and physical violence for several hours.
The Federal Court examined the grounds for appeal raised by the defendant, in particular the violation of article 200 SCC, which concerns the aggravating circumstance of commission in common, and article 63 SCC, which concerns the measurement of the sentence.
Considerations
The Federal Court considered that the aggravating circumstance of commission in common was applicable in this case, as the defendants had acted in concert to commit the sexual violence. The presence of the other defendants in the next room, ready to act in their turn, had created a climate of fear and intimidation for the victim.
The Federal Court also examined the measurement of the sentence and considered that the sentence of 16 years of imprisonment was not excessive, given the gravity of the facts and the aggravating circumstances. The sentence was justified…