Question juridique clé
Whether the partial acquittal on sexual coercion against daughter BY. violated federal criminal law
Solution extraite
The partial acquittal did not violate federal law because the appellate court found no intent as to the coercive means element.
Motifs extraits
The lower court held the respondent could not subjectively have had to use coercive means against the sleeping daughter; without intent, the offence under Art. 189 StGB was not fulfilled in subjective terms.