a One was Planned-Night Stand, and ended it with a process in court one and a half years later. The two 18 – and 19-Year-old had learned on the Dating platform Tinder and in September 2017 on the Uetliberg taken. In the evening they went to the apartment of the 18-year-old woman in a Zurich agglomeration municipality, where the two had Sex. The young man went away secretly the condom, which the woman moved five months later to accuse him.
Today, Wednesday, had to answer the prospective Student from a Zurich municipality before the district court of Bülach. The Prosecutor has him accused of desecration, and for the hitherto innocent accused an unconditional sentence of imprisonment of 14 months required.
Consensual Sex
That it was consensual Sex, disputed the process, neither the Accused nor the woman. Also that the 18-year-old Swiss had insisted on a condom, what is the man of teeth, accepted, reluctantly. The statements differed only in the question of whether the wife knew that he removed during the intercourse the condom.
to stimulate, According to your Version – and the prosecution – under the man broke the Sex (with a condom), the young woman oral. Then he removed the condom and penetrated from behind in you. The woman saw this and noticed it was only a short time later. She urged him to stop the Sex, which he did.
In the Version of the man knew the woman, that he had removed the condom, and accepted it without comment. His Penis was flaccid during Sex, and the woman did something to end the “oral” and the rubber removed. As the member stood up again, she said “fuck me”, what he had then made. The expression will be confirmed by both of them, the woman stressed, however, that you have this meant, of course, with rubber.
Medication for HIV prophylaxis
the state attorney are worthy of the woman’s statements credible. It would not make sense that you insisted on a condom, but then suddenly it refused. That you have taken the Safer-Sex rules seriously, show that you went the next day to the doctor and a drug HIV-prophylaxis prescribed. The girl said the process under tears that the three month waiting period until the final result was a very stressful time.
The defenders of the prospective students asked for an acquittal in dubio pro reo (in doubt for the accused). It was a “communication range”, but expected his client to assume that you would accept Sex without a condom. If it really would have been so Assault is a serious, she would not let him until the next Morning to stay in the apartment. That his client had made a mistake, what he wrote to her in the Chat afterwards, was undisputed, but not punished legally. It was not a desecration in the legal sense, from a resistance to a Person lacking capacity.
man must court and investigation costs
The court acquitted the man. You think a hundred percent with the statements of the woman, while the man gave evasive answers. But one should not punish anyone for an act which the law expressly makes subject to punishment. The Sex had been consensual, a desecration does not apply to the statutory offence. The Removal of the condom had only been a disregard of the rules of the game during Sex. The judge’s explicit wish that the case be moved, so that legal certainty prevails. Because the Accused responsible for the criminal case himself, he has to the court and investigation costs to settle in the amount of about 6000 francs. (Tages-Anzeiger)
Created: 13.02.2019, 17:20 PM
