Facts
The appellant [X.] was convicted by the District Court of Baden for multiple sexual acts with a child and multiple sexual acts with a dependent person, and sentenced to a prison term of three years. The High Court of the Canton of Aargau upheld the judgment in both instances. The appellant filed a complaint in criminal matters and requested the annulment of the judgments as well as his acquittal of guilt and punishment.
The court of first instance established that the appellant had engaged in sexual acts with his adopted daughter [A.] , who is mildly mentally disabled due to meningitis, from June 1998 until his arrest in mid-August 2006. The appellant exploited her mental weakness and his authority as adoptive father by regularly engaging in sexual acts with her.
The appellant does not deny the sexual relationship with his adopted daughter, but claims that it began only after her 16th birthday, and denies exploiting the dependent relationship.
Considerations
The Federal Court examined the complaint and came to the following conclusion: The court of first instance justified its decision in detail and clearly, and thoroughly addressed the relevant arguments. The complaint of violation of the right to be heard is unfounded.
The court of first instance considered the statements of witness [A.] and the changes in her later testimonies, and concluded that the witness had truthfully stated her age at the time of the beginning of the sexual acts in the first testimony as eleven…