Judgment of the Appellant for Sexual Harassment

Facts

The appellant, a police officer, was fined CHF 500.- by the Police Magistrate's Office of the City of Zurich for sexual harassment under Art. 198 para. 2 SCC. The respondent, a cantonal police officer, had accused the appellant of verbally sexually harassing her several times in the summer of 2002. The appellant filed an objection to the fine order, whereupon the Police Magistrate's Office supplemented the investigation. The single judge of the District Court of Zurich upheld the fine and additionally sentenced the appellant to pay CHF 1,000.- in satisfaction to the respondent. The appellant filed a nullity appeal with the High Court of the Canton of Zurich, which was dismissed.

Considerations

The Federal Court concluded that there was neither a violation of the right to information under Art. 32 para. 2 Cst. and Art. 6 para. 3 lit. a ECHR, nor an arbitrary assessment of the evidence. The…