Facts
The appellant [Y.] was found guilty by the High Court of the Canton of Zurich of multiple counts of sexual coercion, multiple sexual acts with a child, multiple attempted coercion, simple bodily harm, and assault. The High Court sentenced him to a prison term of 32 months, with credit for 7 days of pre-trial detention, and a fine of CHF 4,000.--. The execution of the sentence was suspended for a period of 20 months.
The appellant lodged a complaint and requested that the proceedings for sexual acts with a child be discontinued and that he be sentenced to a conditional prison term of 12 months. He argued that the lower court had arbitrarily relied on the expert opinion of the official expert and had rejected his requests to hear and examine the private experts.
Considerations
The Federal Court examined the complaint and came to the conclusion that the lower court was justified in qualifying the expert opinion of the official expert as coherent without arbitrariness. The expert opinion was based on the case files, the official expert's own investigations, and additional test-psychological clarifications by another specialist.
The Federal Court found that the lower court had dealt with the private expert opinions and had examined the criticism of the official expert's expert opinion. The lower court was…