Facts
The Federal Supreme Court upheld the judgment of the High Court of the Canton of Solothurn, which had found the appellant [X.] guilty of human trafficking with regard to [B.] and [C.] , jointly committed with [Y.] , as well as multiple rape and multiple promotion of prostitution. The High Court sentenced [X.] to a custodial sentence of 4 ½ years, a fine, and a monetary penalty. It also confirmed the revocation of the conditional release from imprisonment for a remaining sentence of 235 days.Considerations
The Federal Supreme Court stated that a conviction for human trafficking under Art. 182 para. 1 sentence 1 SCC requires that the person concerned has been violated in their right to sexual self-determination. Consent to prostitution is not effective if it is due to circumstances of vulnerability in the country of origin, as the person concerned then does not have the necessary freedom of decision.
In the present case, [B.] and [C.] had only been in Switzerland for a short time, were at the mercy of the group around [T.] due to their illegal residence status, and therefore could not freely determine their prostitution activities. The appellant [X.] was involved as a co-operator of [K.] …