Facts
The case concerns a psychotherapist, X., who was convicted by the cantonal court of St-Gall for abusing the dependence of one of his patients, B. The patient had started therapy with X. in 1987, after taking a Szondi test. During the therapy, X. began to focus on the patient's sexuality and eventually had sexual relations with her. The patient then ended the therapy and filed a complaint against X. for abuse of dependence.
The cantonal court sentenced X. to 12 months in prison with probation and ordered him to pay compensation of 10,000 Swiss francs to the patient. X. appealed the decision, arguing that the court did not have jurisdiction to hear the patient's civil claims, as he had been acquitted of the charge of attempted abuse of dependence against another patient, A.
Considerations
The Federal Court examined the question of whether the cantonal court had jurisdiction to hear the patient's civil claims. The court considered that, according to Article 9 para. 1 VSA, the criminal court is not required to rule on the victim's civil claims in the event of an acquittal, but that this does not exclude this possibility.
The court also examined the question of whether an authority relationship existed between the psychotherapist and his patient, within the meaning of Article 197 aCP. The court considered that, according to case law and doctrine, such an authority relationship exists between a psychotherapist and his patient, due to the trust and dependence that the patient places in the therapist.
The court also examined the question of whether the cantonal court had jurisdiction to hear the patient's civil claims, under Article 113 IPRG. The…