Facts
The Public Prosecutor's Office of the Canton of Aargau filed an appeal in criminal matters against the judgment of the Higher Court of the Canton of Aargau, which acquitted [A.] of the charge of multiple sexual acts with a child and multiple sexual coercion and convicted him of multiple sexual harassment. The appellant requested that the judgment of the Higher Court be set aside and the case be referred back to the lower court for conviction of [A.] for multiple sexual acts with a child and multiple sexual coercion.
The facts concern the incident on October 11, 2017, in which [A.] hugged, kissed, and touched the breasts and buttocks of 14-year-old [B.] at [C.] train station. The lower court found that [B.] was prevented from leaving for a short time due to the unwanted hugs, but was ultimately able to free herself from the hugs without major difficulties.
Considerations
The appellant complained that the lower court had obviously and incorrectly established the facts. However, the lower court found that [A.] hugged [B.] and pulled her towards him despite her rejection. The lower court denied that the respondent used significant force and choked or pinned [B.] 's head.
The appellant also criticized the lower court's legal assessment of the respondent's behavior. She argued that it was a case of prolonged forced kissing during a minute-long, involuntary hug. However, the lower court considered that the respondent had only briefly and over clothing touched the victim's breasts and buttocks. No prolonged grasping, touching under clothing, or French kissing occurred.
The legal…