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A 47-year-old man who has repeatedly sexually abused children over the years is yet to be held. The judge’s office in Olten-Gösgen SO sentenced him to 2.5 years in prison, according to the sentence published on Wednesday.
The court found the Swiss guilty of sexual acts with children, desecration, sexual harassment and harsh pornography. He sentenced him to an unconditional prison term of 30 months, a fine of 10 daily rates of 10 francs and a fine of 200 francs.
In addition, he ordered a lifelong ban on any activity with children, a five-year ban on contact with children under the age of 16, and a five-year ban on rayon in institutions with children, such as kindergartens, school buildings, sports facilities. schoolchildren and the like.
The court awarded compensation payments to the injured party. The verdict is not yet legally binding. It can be referred to the Superior Court of the Canton of Solothurn.
Partial absolutions
The judges also reached several acquittals. These refer to all charges related to the attacks in late July 2018. It may have happened, but certainly not on that day, the secretary said.
Therefore, the facts were not created in accordance with the accusation. An acquittal also resulted in one of the two cases charged with sexual harassment.
No precondition for custody
The court waived the custody order. The prerequisites for this are not given. According to the court clerk, a serious deterioration of the physical, psychological and sexual integrity of the victim must be given or intended to occur.
But this is not the case. The man acted reprehensibly. Compared to other sex crimes, the scope of their attacks is not very great. That doesn’t change the fact that your risk of relapse is classified as high.
Finally, there are also legal reasons. There is no longer a residual sentence from previous convictions and it is not possible to convert an outpatient measure into custody.
Relevant criminal record
The man was convicted in 1999 in the canton of Aargau for desecrating children. After raping an eight-year-old girl in 2006, the Olten-Gösgen judge’s office sentenced him to five years in prison. This was postponed in favor of a hospital measure.
For ten years he completed therapy sessions, without success. Until now, the man has refused to try any therapy. He insists on not being a pedophile.
Due to a higher court decision, the man was released at the end of 2016. But he still had to undergo outpatient therapy. In 2018 it relapsed. The attacks took place in July, August and November. He was arrested in November and has been detained ever since. Most of the two and a half years imposed by the court have already been served.
The prosecutor had demanded a prison sentence of 6.5 years and the arrest of the accused. He rejected the allegations, except those of pornography. In court in early December, the defense attorney demanded acquittal, with the exception of the confessed crime. The attacks could not be proven to his client.