The Croatian who grew up in Switzerland raped a woman brutally in the west of the city of St. Gallen about seven years ago. He stalked from behind in the dark as she made a short walk with a dog. The man almost choked his victim to unconsciousness and abused the woman several times. He repeatedly gave death threats.
The District Court of St. Gallen sentenced him in 2013 for a qualified rape, sexual coercion and mortal danger to a prison sentence of 7.5 years. At the same time, it ordered a stationary measure under Article 59 – the so-called "small storage".
In the meantime, the man has been in pre-trial detention for about six years and later in the implementation of measures. In March 2020 he served his sentence and deported to his native Croatia. Last June, the Security and Justice department of the St. Gallen court requested rape from the rapist.
Significant risk of relapse
The accused had repeatedly interrupted the therapeutic measures ordered by the court, the public prosecutor said Tuesday in court. Even a psychiatric report from May of this year assumes a high risk of renewed violent and rape crimes.
At the moment the accused is not motivated to another inpatient treatment. However, it can not be excluded that he would want to do this later.
Although the psychiatric-psychological service in Zurich talks about progress in therapy, she also states that the risk of relapse for sexual offenses is moderately clear.
The prerequisite for a conditional release is therefore not given, emphasized the public prosecutor. The need for security of the population is a priority, further victims of serious sexual offenses must be prevented.
No real chance
The advocate of the defense described the order of preservation as disproportionate. In fact, this means for his client that he has to wait in prison for six decades. That does not matter, he has also committed a serious crime.
This was by no means to downplay, but the defendant in the therapy had certainly made progress and also the six years in prison had left no trace.
The defendant stated that he was aware that he had committed a serious crime but could not talk about it because it overburdened him. He will certainly never become violent again. He had temporarily rejected the therapy because he did not have a real chance, but only talked about a risk of relapse.
After a possible dismissal, he was supported by his father, because he himself hardly speaks the language of his homeland. In Croatia he first goes on holiday and he looks for a job.
The progress of the therapy can be seen
The court of St. Gallen rejected the request for detention. The judges regarded them as disproportionate, the presiding judge emphasized. The experts testified of the defendant despite crises progress during therapy.
The decision, however, was not easy for the court, because the reports and reports spoke of a clear or even high risk of relapse. Nonetheless, no guardianship could be pronounced if the progress of the treatment was clear.