Key legal question
Whether qualified sexual coercion under Art. 189 al. 3 CP was established despite no new separate act of cruelty for the later penetration.
Extracted holding
Crualty existed also for the immediately following sexual coercion because the victim remained bound, blinded, and breathing precariously; no additional distinct cruel act was required.
Extracted reasoning
Cruelty means intentionally inflicting particular physical or psychological suffering beyond what is inherent in the base offence. The continued use of the terror, restraint, and dangerous obstruction of breathing during the later act exceeded what was necessary to overcome resistance.