Obergericht spricht Firmenchef nach Belästigungsvorwurf frei

by Chief Editor

The Zurich High Court has acquitted a 38-year-old company executive of charges including sexual harassment, sexual coercion and coercion. The ruling overturns a previous sentence from the District Court of Zurich, which in October 2024 had handed down an unconditional prison sentence of 20 months.

The case centers on an incident that allegedly took place during a job interview for an office position. According to the indictment, the executive massivly harassed a young applicant on a sofa in his office, kissing her on the neck and upper body despite her loud protests.

Conflict of Testimony and Lack of Evidence

The High Court described the incident as a classic “four-eyes crime,” noting a lack of physical evidence to support the claims. While the indictment stated the woman eventually bit the man on the penis to make him stop, this act—also described as “snapping” during the trial—left no traces.

Conflict of Testimony and Lack of Evidence
Response

The defendant’s lawyer argued for a full acquittal, stating that while touching and kissing did occur, they were not against the applicant’s will. The defense further claimed the woman had psychological problems and was not truthful in her account.

Did You Know? The defendant has four prior convictions, though none were for sexual offenses; these included listing real estate for sale that he did not own to attract more traffic to his company website.

Prosecution and Victim’s Response

The public prosecutor requested a three-year prison sentence, asserting that the woman’s statements were truthful. The prosecutor argued the executive acted only to satisfy his own needs without regard for others.

From Instagram — related to Federal Court, Prosecution and Victim

The victim’s attorney described the encounter as traumatic, stating it led to subsequent drug and alcohol problems for the young woman. He also characterized the defendant’s comments—which described the applicant’s clothing as being “like a slut”—as “cheap victim bashing.”

Expert Insight: This case highlights the significant legal hurdle in “four-eyes” scenarios where no third-party witnesses or physical forensic evidence exist. When a court pivots from a conviction to an acquittal in such instances, it often reflects a shift in how the credibility of conflicting testimonies is weighed.

Potential Next Steps

The High Court did not provide an immediate oral justification for the acquittal, as the verdict was published in writing. Because the ruling is not yet legally binding, the case could still evolve.

Potential Next Steps
District Court of Zurich

A possible next step is for the public prosecutor or the private plaintiff to appeal the decision. The matter may be brought before the Federal Court for a final determination.

Frequently Asked Questions

What was the original verdict in this case?
In October 2024, the District Court of Zurich convicted the executive and sentenced him to 20 months of unconditional imprisonment for sexual coercion, coercion, and sexual harassment.

Why did the High Court acquit the defendant?
The court found there were no proofs for the charges, referring to the situation as a “four-eyes crime” without physical evidence.

Can the acquittal be challenged?
Yes, the acquittal is not yet legally binding, and either the public prosecutor or the private plaintiff may appeal the decision to the Federal Court.

How should the legal system balance conflicting testimonies in cases where no physical evidence exists?

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