Facts
The appellant [X.] was sentenced by the High Court of the Canton of Zurich to a prison term of four years and a professional ban of three years for multiple rape. The appellant, as a nurse at Hospital [A.] , had sexually abused ten patients by touching, massaging, creaming, or guiding the women's arms or hands to his genitals.
The patients were unable to defend themselves due to anesthesia and medical equipment. The appellant requested an examination of the private expert Prof. Dr. [B.] , who had expressed doubts about the patients' incapacity to resist and their ability to perceive in his report.
The High Court rejected the request and sentenced the appellant to a prison term and a professional ban. The appellant lodged a complaint and requested the annulment of the judgment and the remittal of the case to the High Court.
Considerations
The Federal Court dismissed the complaint and confirmed the judgment of the High Court. It stated that the lower court found the discussions contained in the report convincing and that the appellant had not substantively demonstrated why the report was not conclusive.
The Federal Court further stated that the lower court carefully evaluated the evidence and that the patients' statements were credible. It was also not arbitrary for the lower court to assume clear evidence…