Question juridique clé
Whether the conviction for multiple rape under Art. 190(1) StGB was unlawful
Solution extraite
The conviction was upheld; the threats and intimidation described by the lower court satisfied the coercion element.
Motifs extraits
The Federal Court held that the victim’s testimony assessment was not arbitrarily attacked and that threats of immediate physical violence, in the context of a climate of fear, can constitute sufficient coercion under Art. 190(1) StGB.