Questione giuridica chiave
Whether the sexual acts with the complainant constituted abuse under Art. 191 StGB despite her partial initiative.
Decisione estratta
The complainant was wholly incapable of valid sexual consent, and the defendant exploited that incapacity; the offence was made out.
Motivazione estratta
For permanently or temporarily incapable persons, abuse exists where the offender knowingly takes advantage of the incapacity. Partial initiative by the victim does not exclude the offence when valid consent was impossible and the objective circumstances show exploitation.