Facts
The Federal Court decided on an appeal for nullity against a judgment of the High Court of the Canton of Zurich. The appellant, [X.] , accused the respondent, [A.] , of having committed multiple sexual acts with a dependent person within the meaning of Art. 188 para. 1 SCC. The High Court had acquitted [A.] of this charge.
The Federal Court conclusively established that there was a relationship of dependence between the then 16 1/2-year-old appellant and the 57-year-older respondent from February 1997 onwards. The respondent, as a violin teacher and the most important reference person after the death of the appellant's best friend, held a position of authority. Nevertheless, the Federal Court concluded that the respondent had not exploited this dependence within the meaning of Art. 188 para. 1 SCC. The appellant had wanted the sexual relationship and had not been rejecting towards the respondent. Even in the final phase of the relationship, the respondent had not exploited the dependence, but had merely tried to save the love relationship.
Considerations
The Federal Court stated that for the fulfilment of the offence under Art. 188 para. 1 SCC, not only a relationship of dependence, but also the exploitation of this dependence by the perpetrator, is required.…