X. v. A., 6B_962/2010

A. was a drug-addicted prostitute working in the Sihlquai area in Zurich who agreed to perform certain sexual acts with client X. for a remuneration of Fr. 50. X. took A. to a rented room outside of the city of Zurich where X. beat A. with a whip and forced her to perform violent and humiliating sexual acts. A. claimed not to have agreed to perform these acts with X., while X. countered that they were part of the agreed transaction. X. was sentenced by the Baden District Court to imprisonment for sexually abusing A. X. appealed the verdict and the Canton Aargau Supreme Federal Court dismissed the appeal, finding the preconditions of sexual assault fulfilled. The Supreme Federal Court determined that, even if A. voluntarily agreed to perform certain sexual acts with X., she did not consent to the violent acts and she could not express her refusal in any other manner than verbally and through limited physical resistance. The Supreme Federal Court also found that the client X. could not expect the victim A. to agree to such violent sexual practices, even for remuneration.



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