Key legal question
Whether the victim's therapist-patient dependence and emotional attachment amounted to psychical pressure under Arts. 189 and 190 StGB.
Extracted holding
The dependence did not reach the required intensity for psychical pressure; the convictions for sexual coercion and rape could not stand on that basis alone.
Extracted reasoning
In adults, psychical pressure under Arts. 189 and 190 StGB requires unusually strong cognitive inferiority or emotional/social dependence. Mere exploitation of a therapeutic dependency or friendship-like bond is usually covered by Art. 193 StGB, not by the aggravated coercion offences. Here the victim was not in an objectively hopeless situation and could have resisted or broken off contact.