B. v. A., BGE 126 IV 124

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A. met B. in St. Gallen in 1993. A. had to leave Switzerland at the end of 1995. They married in April 1996 in Ghana. In August 1996, A. was able to return to Switzerland. After his return, the relationship gradually became more oppressive and menacing toward B., for example, by pressuring B. for sexual intercourse. B. gave in to his demands when she could no longer stand the intimidation. B. separated from A. on March, 28, 1998, and on July 20, 1998, A. was prosecuted for threatening, assaulting, and coercing B. The district and appellate courts in the Canton of St. Gallen sentenced A. to prison and condemned him to heavy penalties, including both imprisonment and damages. A. appealed to the Federal Supreme Court, under the claim that he was the husband of B. and not a rapist who lacked entitlement to approach B. The Supreme Federal Court rejected A.’s appeal.



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