Facts
The appellant [X.] was convicted of sexual harassment and attempted sexual acts with a child and sentenced to a fine of 30 daily rates. At the same time, the High Court of the Canton of Bern ordered a stationary therapeutic measure. The appellant requested the revocation of this measure.
The lower court had convicted the appellant of sexual harassment and attempted sexual acts with a child after he had approached a child and visibly rubbed his genitals. The appellant was sentenced to a fine of 30 daily rates.
The appellant challenged the order for the stationary therapeutic measure and argued that the lower court had partially established the relevant facts in an incomplete and thus obviously incorrect manner. He also argued that the order for the stationary measure was disproportionate and contrary to federal law.
Considerations
The Federal Court examined the order for the stationary therapeutic measure and found that the lower court had not established the relevant facts in an incomplete manner. The court found that the order for a stationary measure under Art. 59 SCC requires a serious mental disorder and a crime or offense related to the mental disorder.
The court pointed out that the stationary measure may only be ordered if the interference with the perpetrator's personality rights associated with it is not disproportionate in view of the probability and severity of further crimes. It found that the offense, sexual harassment, is a contravention that is only punishable by a fine and must be excluded as an offense from the outset.
The court found that the expected future criminal…