Key legal question
Whether the acts of 15 and 18 November 1999 constituted repeated indecent assault under Art. 191 StGB
Extracted holding
Yes. In both incidents the complainant was, in the relevant moment, unable to resist and the defendant exploited that condition for sexual acts.
Extracted reasoning
The complainant could not directly observe the genital touching while lying on the examination chair and could only react once the sexual act had already begun; the oral contact was likewise non-medical and occurred before she could effectively resist.