Teacher in Aargau allegedly grabbed student's pants.
The Federal Supreme Court has made a ruling in a case involving a teacher, where the public prosecutor's office had appealed against a lower court's decision. The court, however, did not find any scientific evidence or concrete indications of pornography offenses from the public prosecutor's office.
The rejection of the teacher's argument was due to it being first raised in the appeal proceedings. The public prosecutor's office presented three central arguments in court.
The first argument was based on the testimony of the boy's mother, alleging that the teacher sent text messages claiming the children initiated the "pulling onto the lap." The second argument was that paedophile offenders often engage in activities like photographing children, making videos, or exchanging child pornographic material, which could indicate a paedosexual disorder. The third argument was that evaluating seized data could provide information about a possible pedosexual tendency of the accused.
The Federal Supreme Court ruled in favour of the public prosecutor's office on these points. However, the court did not find sufficient evidence to support the claims made by the public prosecutor's office.
Should a conviction be handed down, an expert opinion would be necessary. The decision whether the hard drives of the suspected teacher can be decrypted to search for further evidence is made by the public prosecutor's office, which oversees and authorizes investigations and search measures in criminal cases.
The presumption of innocence applies in this case. Whether photos or videos exist on the devices or are missing could be decisive in determining whether a paedosexual disorder is present and therapeutic measures are necessary.
The Federal Supreme Court has partially upheld the public prosecutor's appeal, but the case has not been finally decided; the dossier will be returned to the compulsory measures court. If convicted, a court would have to decide on a lifelong ban on working with children, which is mandatory in cases of paedophilia.
This case serves as a reminder of the importance of the presumption of innocence and the need for concrete evidence in legal proceedings. The court's decision to return the case to the compulsory measures court indicates that the investigation is ongoing, and a final decision has yet to be made.
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