Facts
The case concerns a French national named Clément Faetan, who on January 28, 1972 had taken a 20-year-old Swiss woman named X. with him, ostensibly to bring her home. Instead, he drove her to a secluded location where he attempted to forcibly have sexual intercourse with her. X. was, however, able to free herself and flee. The Criminal Chamber of the Canton of Thurgau subsequently convicted Faetan of attempted rape and misappropriation, sentencing him to 12 months' imprisonment.
Faetan filed a nullity appeal against the judgment, requesting an acquittal. The public prosecutor's office requested the dismissal of the appeal.
Considerations
The Court of Cassation dismissed the appeal. It held that Faetan had taken the final decisive step towards the act by using force against X., thereby fulfilling the elements of the offense of attempted rape under Art. 21(1) of the Swiss Criminal Code. Mere preparatory acts such as driving to a secluded location had not yet been punishable.
The conviction for misappropriation under Art. 143 of…