Facts
The present case concerns a man who lived in a concubinage with the mother of a child. The child was entrusted to the man's care with the consent of the mother, so that a special relationship of authority and dependence developed between the man and the child. The man acted as the head of the household, took care of the household affairs and cared for the child while the mother worked outside the home. The child feared the man and did not dare to disobey his orders. Based on these circumstances, the man was convicted of sexual abuse of a foster child pursuant to Art. 191 para. 1 subpara. 2 and para. 2 subpara. 2 of the Swiss Criminal Code (StGB).
Considerations
The Federal Supreme Court found that for the assumption of foster child status within the meaning of Art. 191 StGB, it is not necessary that the perpetrator permanently acts as a father or mother. Rather, the decisive factor is that the child is entrusted to the perpetrator with the consent of the holder of parental authority in such a way that a special authority is established on the one hand and a corresponding dependence on the other.
In the present case, the relationship between the appellant and the child fulfilled these requirements. The appellant acted as the head of…