Custodial sex offender does not receive escorted exits
Published: Monday, Feb 5th 2024, 12:11
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A sex offender in custody is not granted escorted outings. The Federal Supreme Court has confirmed the Lucerne Cantonal Court's rejection of the application. The man has relapsed several times in the past. The judiciary still assumes that there is a risk of recidivism.
The complainant's list of sexual offenses goes back to 1978. The lower court rejected a request for four accompanied outings. As the Federal Supreme Court stated in a ruling published on Monday, the conditions for the vacations were not met.
An expert stated that there was still a high risk of recidivism for sexual offenses against adult women. Even if the man had been inconspicuous for a long time, it could not be concluded that his dangerousness had diminished.
Unclear paralysis
The expert also discussed the physical condition of the detainee. In 2018, he developed incomplete paralysis. The causes of this have not been clarified. The man refused a neurological examination. There are doubts as to whether he is actually paralyzed. In this context, the expert points out that the man in custody has escaped several times in the past - including from medical facilities.
The Federal Supreme Court did not accept the man's criticism that he was denied any perspective. It was up to him to have the paralysis medically examined. By refusing to do so, he may miss out on a chance to have his sentence relaxed, as certain findings could have a positive effect on his recidivism prognosis. (Judgment 7B_796/2023 of 4.12.2023)
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