Questão jurídica principal
Whether the conviction for rape violated the accusation principle and the right to a fair hearing because the appellate court relied on violence instead of psychological pressure.
Decisão extraída
The accusation principle was not violated because the indictment clearly described the same historical act, and the defendant had to expect that physical violence would be examined.
Fundamentação extraída
The court held that the indictment defines the factual occurrence, not the legal qualification. Since time, place, victim and the coerced intercourse were precisely described, the appellate court could assess the same life event under a different rape variant.