A 25-year-old man from Kosovo was convicted today by the Basel Criminal Court for the rape of a woman in Horburgpark, Basel, in June 2024. The court sentenced him to four years and eight months in prison. Following his imprisonment, he will be banned from entering Switzerland and the Schengen Zone for 12 years. Additionally, he has been ordered to pay the victim CHF 10,000 in damages and cover nearly CHF 50,000 in procedural and court costs.
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Evidence and Court Proceedings
The prosecution initially sought a six-year prison sentence and permanent expulsion from Switzerland. The court, however, ruled on the lesser sentence but emphasized the overwhelming evidence supporting the victim's claims.
“There is substantial objective evidence corroborating the victim’s statements,” said the presiding judge of the five-member panel. This evidence included video recordings from the club where the two met, witness testimonies, cellphone data, emergency police calls, police reports, and two forensic medical evaluations.
Despite efforts by the defense to undermine the victim’s credibility, her statements remained consistent across three separate interviews.
Previous Convictions and Pattern of Behavior
The convict has a criminal history, including severe sexual offenses. In 2017 and 2018, he committed one rape and attempted another, though the latter was downgraded to coercion by the Basel-Stadt appellate court. He served a three-year, nine-month prison sentence for these crimes, which concluded in the summer of 2022.
“The parallels between this case and his past offenses are unmistakable,” the judge noted. Each incident followed a similar pattern: after socializing together, he pressured women for intimacy and resorted to violence when refused.
Legal Challenges and Expulsion Order
Despite his record, the man’s expulsion from Switzerland has faced legal hurdles. In 2018, the Swiss Federal Administrative Court deemed it unreasonable to deport him and his family—refugees temporarily admitted to Switzerland—due to threats they faced in Kosovo.
Rape, classified as a severe offense, typically mandates expulsion under Swiss law. Nevertheless, the convict remains legally protected and could appeal today’s decision. If he does, he will remain in pre-trial detention pending the appellate court’s review, as ordered by the court at the prosecutor's request.
Conclusion
The conviction has not yet been finalized, but the case underscores ongoing challenges in balancing justice for victims, enforcement of immigration policies, and the legal protections afforded to offenders. Whether the appellate court upholds the expulsion order remains to be seen, but for now, the man faces years of incarceration and legal battles.