Kernrechtsfrage
Whether the finding that the appellant abused Z.'s distress was based on arbitrary assessment of evidence and violated the presumption of innocence.
Extrahierter Entscheid
Yes. The lower courts gave no convincing reason to prefer Z.'s initial statements over her later retraction, so the conviction on this point was unsustainable.
Extrahierte Begründung
The telephone interception did not prove a sexual act with Z., and the trial court failed to explain why it rejected her in-court denial. Since this count rested essentially on her earlier accusations, the evidentiary assessment was arbitrary.