An Indian businessman has been convicted of carrying out a horrific sex attack on a 15-year-old girl as she slept on a flight to Switzerland.
The perpetrator was on a business trip to Belgium when he carried out the attack in March.
The girl and the man had a brief, superficial conversation before the minor fell asleep.
The man then approached the victim and performed sex acts on her and himself.
He touched her repeatedly and put his arm around her, according to an indictment filed by the Zurich Public Prosecutor’s Office for Serious Violent Crime.
The girl didn’t respond. As the flight continued, the girl sat back up and continued to sleep, leaning back in her seat. Her head and upper body were under a blanket.
The man then carried out his attack. She is then said to have gone ‘into shock’ due to the abusive behaviour and was unable to say or do anything, according to the indictment.
A businessman has been convicted of sexually assaulting a 15-year-old girl on a Swiss flight (stock image)
The 44-year-old married man attacked the teenager, who was sitting next to him, after she fell asleep during the nine-hour journey from Mumbai to Zurich (stock image)
She therefore endured the assault without saying a word or moving until the accused let go of her of his own accord.
Exactly how the man’s crimes were discovered is not described in the indictment, nor was it discussed at the trial.
The man was immediately arrested after the plane arrived at Zurich Airport.
He confessed to the attack in the Bülach District Court and stated that he realised he had made a mistake.
He also admitted that the young woman had not consented and said he knew she was young, even though he didn’t know her exact age.
It comes after the National Council of Switzerland and the Council of States agreed on the formula ‘no means no’.
The amendment came into effect a year ago and means rape is now considered to have occurred if the victim indicates through words or gestures that they do not consent to the sexual act.
Before the amendment, rape only occurred if the perpetrator threatened the victim or used violence.
Furthermore, the crime of rape no longer encompasses only forced sexual intercourse with a woman, but now also includes acts similar to sexual intercourse involving physical penetration.
The victim’s state of shock was deemed a sufficient sign of rejection. The man was convicted of rape and sexual acts with a child.
The man received a suspended sentence of one and a half years, but will not need to serve it as he has been in custody since March.
The judge described the sentence as rather lenient and ‘barely appropriate’.
The man is banned from entering Switzerland for the next five years and is prohibited from engaging in any activity involving regular contact with minors for life.
The proceedings will cost him approximately CHF 9,000 (£8,250). A confiscated amount of CHF 1,360 (£1,247) taken from the man will be used to cover these costs.
After the trial, the man was released from custody and handed over to the Migration Office for deportation.
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