Facts
The Cantonal Court of the Canton of Zurich found X. guilty of repeated sexual coercion within the meaning of Art. 189 para. 1 SCC as well as rape within the meaning of Art. 190 para. 1 SCC. X. filed a federal nullity appeal requesting the annulment of the judgment and the remand of the case for a new trial. The Federal Tribunal dismissed the appeal.Considerations
According to Art. 189 para. 1 SCC, anyone who compels a person to suffer an act analogous to a sexual act or another sexual act is punishable for sexual coercion. The appellant argued that he had not compelled the victim to suffer, but to perform sexual acts, which is not covered by the wording of Art. 189 para. 1 SCC.
The Federal Tribunal found that the wording of Art. 189 para. 1 SCC only incompletely expresses the meaning and purpose of the criminal norm, which is to protect the right to sexual self-determination. Compulsion to perform a sexual act infringes on the right to sexual self-determination just as much as compulsion to suffer it. Limiting the scope of the offense to only compulsion to…