Facts
X., born in 1950, was convicted by the District Criminal Court of Aigle for breach of the duty of assistance or education (Art. 219 CC) to 1 month of imprisonment with probation for two years. This decision was upheld on appeal by the Criminal Cassation Court of the Vaud Cantonal Tribunal.
X. was responsible for a specialized school that accommodated mentally disabled children and adolescents or those with significant learning or developmental difficulties. In 1992, she became aware of serious and repeated sexual abuse committed by a student, Roland, on another student, Nadine. Although informed of these facts, X. took no measures to prevent further abuse and protect the other students. In 1993, Roland then sexually assaulted another student, Françoise.
The Federal Tribunal dismissed the appeal for nullity filed by X. against the judgment of the Criminal Cassation Court.
Considerations
According to the Federal Tribunal, X. had a duty of assistance and education towards the minor students of the school, in her capacity as the head of the institution. Although informed of the sexual abuse committed by Roland on Nadine, she failed in this duty by not taking the necessary measures to prevent the obvious risk that new abuse would be committed on other students.
This omission effectively allowed the realization of this risk, with the assaults suffered by Françoise.…