Facts
The case concerns a man, Y., who committed sexual acts with a child, born in 1984, between 1994 and 1995. The child was fatherless and Y. had a relationship with the child's mother. Y. was convicted by the Zurich district court for sexual acts with a child, sexual coercion and rape. The Zurich cantonal court of appeal overturned the convictions for sexual coercion and rape, but confirmed the conviction for sexual acts with a child.
The public prosecutor's office of the canton of Zurich and the victim appealed against this decision, arguing that the court of appeal had violated articles 189 and 190 of the Swiss Criminal Code by not convicting Y. of sexual coercion and rape.
Considerations
The Federal Court examined the conditions under which sexual acts with a child also constitute sexual coercion or rape. It considered that articles 187, 189 and 190 of the Swiss Criminal Code protect different legal interests, namely the child's sexual development, sexual freedom and physical integrity.
The Federal Court also examined the concept of psychological pressure and considered that such pressure can be exerted without physical violence, particularly in cases where the perpetrator takes advantage of their position of authority or trust to commit sexual acts with a child. It also considered that children can be victims of psychological pressure due to their cognitive inferiority and emotional and social dependence.
T…