In Sitten VS, a man had to answer to the canton court on Wednesday for serious bodily harm and sexual assault. The Upper Valais, who is between 40 and 50 years old, caught his then wife with another man in the summer of 2019 in flagrante delicto.
The accused, beside himself with anger, punched the two in the face with his fist and also hit his wife with his shoes. According to the prosecutor, he then lifted the 15-kilogram bedroom door from its hinges and threw it at his wife, writes the “Walliser Bote”. According to the public prosecutor’s office, he is said to have accepted a serious head injury.
“Vengeful demonstration of power”
When the rival was out of the house, the husband is said to have sexually assaulted his wife. According to the woman, she did not defend herself because she was afraid of further beatings. However, she had told him that he was hurting her and that she didn’t want to have sex with him. Prosecutor Lara Zengaffinen spoke of a “vengeful demonstration of sexual power” with which the man inflicted “immeasurable suffering” on his wife. “The fact that the victim was the wife makes it even more difficult because there was a relationship of trust.”
Only the next day, when the man went to work, the victim went to the doctor. Various bruises, lacerations and a tear in the anal area were found there. Later she also had to see a psychologist because she had suffered from depression. The man himself reported himself a few weeks after the crime.
Defendant speaks of “reconciliation sex”
The defender Fabian also came up with this fact Williner to speak. His client is aware that he reacted incorrectly. However, he could not have caused any life-threatening damage by throwing the door because he could not have thrown it with such force due to the spatial conditions and the position of the bed. The defender therefore demanded an acquittal of the charge of serious bodily harm.
According to Williner, the allegation of multiple sexual assaults is also unjustified. The man’s understandable anger, his impeccable criminal record and the fact that he realized soon after the crime that what he had done was wrong would also mitigate the sentence. The court should also refrain from an unconditional prison sentence. Because otherwise the man would lose his job and would no longer be able to pay alimony for the children.
In court, the accused said his freak out was inexcusable. However, he blamed his wife for what happened. He interpreted the sexual acts as “reconciliation sex” and in no way forced them.
Found guilty at first instance
His ex-wife withdrew the lawsuit a few months after the crime. Nevertheless, he was found guilty in the district court of multiple sexual assaults and attempted simple bodily harm and sentenced to 30 months in prison, of which six months must be served. The defendant appealed against this.
Before the cantonal court, the public prosecutor’s office is now demanding confirmation of the sentence of the first instance. The verdict is still pending. (man)