Questão jurídica principal
Whether the psychiatrist exploited the patient's dependency under Art. 193(1) StGB by inducing sexual acts during therapy.
Decisão extraída
Yes. The therapeutic relationship created a significant dependency that restricted the patient's autonomy, and the defendant consciously exploited it for sexual purposes.
Fundamentação extraída
The court found a long, intensive therapy, repeated boundary crossings, and the patient's ambivalent but clearly internally rejecting reaction to the first kiss. Her later participation did not show free, untainted consent; instead it reflected the dynamics of therapeutic dependency and role confusion. The defendant knew or had to know of the dependency and used it to obtain sexual acts.