The Federal Court overturns the acquittal of a healer accused of raping a patient. The Vaud justice system wrongly considered that its patient was in a situation of distress pre-existing the offense. She must now re-examine the facts.
KEYSTONE
Suffering from psychotic disorders and believing in black magic, the victim met the healer in 2012 when she was going through a phase of despair. From the first telephone contact, the man told her that “the devil was in her” and that he would be able to help her.
During their first meeting in his car, the man attempted to touch him, which the woman objected to. The next day he called her, saying they needed to sleep together and that it was part of the healing process. He also threatened to “hurt her” if she refused. Convinced of the healer’s occult gift, the complainant gave in to his requests on at least three occasions.
Distress abuse
In 2023, the Vaud courts acquitted the healer of charges of rape, coercion and abuse of distress. She ruled that the victim was in a situation of pre-existing distress and that the perpetrator had simply taken advantage of it. In this case, only the abuse of distress could be considered. However, this offense was prescribed.
In a judgment published Friday, the Federal Court partially admits the victim’s appeal. He believes that the healer, through his telephone calls, psychological pressure and threats, contributed to his patient finding herself in a hopeless situation, according to her. In this sense, the defendant actively participated in making his victim vulnerable even though he knew her weakness.
The case is referred to the Vaud Cantonal Court, which is responsible for examining whether the subjective conditions of rape are met and, if so, pronouncing a conviction. (judgment 6B_156/2024 of September 23, 2024)
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