Facts
The case concerns a psychotherapist, X., who abused his position to exert psychological pressure on his patient, Y., in order to satisfy his sexual desires. The facts took place between December 1992 and November 1993. X. used his position as a therapist to create a relationship of dependence with Y., who was already vulnerable due to her alcoholism and lack of self-esteem. He forced her to engage in sexual acts on several occasions, using methods such as threats, unwanted caresses, and psychological pressure.
The court of first instance convicted X. of rape and sexual coercion. The court of appeal upheld the judgment, but increased the sentence to 4 years in prison. X. filed an appeal, which was rejected by the SCC.
Considerations
The SCC examined the evidence and found that X. had created a relationship of dependence with Y. by exploiting her vulnerability. However, the court considered that the psychological pressure exerted by X. was not sufficiently intense to constitute sexual coercion within the meaning of articles 189 and 190 of the Swiss Criminal Code.
The court also examined the provisions of article 193 of the Swiss Criminal Code, which concerns abuse of distress. It considered that X. had abused his position as a therapist to exploit Y.'s vulnerability, but that the acts committed did not necessarily constitute an abuse of distress within the meaning of article 193.
The SCC finally…