Questione giuridica chiave
Whether the victim was incapable of resistance under Art. 191 StGB
Decisione estratta
A sleeping person is incapable of resistance; the victim’s alcohol- and fatigue-related sleep sufficed.
Motivazione estratta
The court held that incapacity exists when a person cannot perceive or repel the sexual act. Sleep is enough, even if the victim later shows some reactions.