Facts
The complainant 2, [A.] , was at the defendant's, [X.] , apartment on July 16, 2005. A group sex with several men took place there, during which [A.] performed sexual acts with these men. [A.] claims she was coerced by the men and did not consent to the sexual acts. The defendant and the other men claim [A.] consented to the sexual acts.
The Sense District Court convicted the defendant of rape, sexual coercion, and attempted rape, sentencing him to 3 ½ years' imprisonment. The Freiburg Cantonal Court of Appeal upheld the judgment. However, the Federal Court overturned the judgment and remanded the case to the lower court for a new decision.
The Court of Appeal later acquitted the defendant of the charges of rape and sexual coercion and referred [A.] 's civil claim to the civil court. The Freiburg Public Prosecutor's Office and [A.] appealed the judgment.
Considerations
1. Introduction
The Federal Court must consider the appeals by the Freiburg Public Prosecutor's Office and [A.] against the judgment of the Freiburg Cantonal Court of Appeal. The appeals are directed against the defendant's acquittal of the charge of rape and sexual coercion.
2. Evaluation of evidence
The lower court evaluated the statements of complainant 2 and the defendant and concluded that complainant 2 was not coerced. However, the Federal Court found that the lower court did not correctly evaluate complainant 2's statements and that the…