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Old 06.03.2018, 12:42
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Advice needed - Legal case "Exhibitionismus"

Hi,

Last summer I was in a playground with my daughter, in Wiedikon, and a man decided to masturbate, seating on a bench, fortunately with his back to the children.

I reported this incident to the police, being my intention to let them investigate the succeed and conclude if it was an isolated case or had they received other reports and/or to prevent it from happening again in the future and for them to keep a close eye on that playground. The location is - furthermore - in a school/kindergarten.

After telling several times what happened, within different "legal" contexts, I now find myself called for as a witness, having to testify against this man. The case is classified under "Exhibitionismus". Unfortunately, I received vast documentation about the process in German and therefore am not totally aware of it.

My deep concern is that the man has been informed of my identity and also of my address. Does anyone know if this is an usual procedure?

I feel that, at the very least, I should have been informed about this matter (my address being given to the perpetrator), as I was of other matters such as I being obliged to tell the truth, possible consequences in case I didn't etc.

Needless to say I´m not familiar with the legislation, the procedures, possible consequences and so, should I have already spoken to a lawyer or is this of minor significance and will run smoothly?

I would be grateful for your insight and advice.
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Old 06.03.2018, 12:45
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Re: Advice needed - Legal case "Exhibitionismus"

Why would they inform the guy of the witnesses contact details?
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Old 06.03.2018, 12:47
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Re: Advice needed - Legal case "Exhibitionismus"

That's exactly what I'm confused about....
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Old 06.03.2018, 12:50
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Re: Advice needed - Legal case "Exhibitionismus"

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That's exactly what I'm confused about....
Maybe I should have expanded on my question.

Do you know for sure they have given the details to the guy?
Have you asked the police / court if this is the case?

From a purely practical point of view, witnesses and accused have to be kept separate simply for the risk of the witnesses being intimidated and rendered unable to give a reliable statement.
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Old 06.03.2018, 13:09
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Re: Advice needed - Legal case "Exhibitionismus"

The police never give any info out, it's quite possible the accused may not be present when the OP gives evidence to the Judge. Courts in CH are often more like a discussion around a table listening to what you have to say.
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Old 06.03.2018, 13:12
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Re: Advice needed - Legal case "Exhibitionismus"

I would play it safe and have a chat with a lawyer, just for my own peace of mind.

P.S. Do you have legal insurance (as part of your household or otherwise). This might be a case to resort to it...
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Old 06.03.2018, 13:17
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Re: Advice needed - Legal case "Exhibitionismus"

We (my husband, actually) spoke over the phone with the "state Lawyer" and she explained that the mand already has all our details and that I will be in the same room with this man for testifying (and that it would not be a problem as the police would be present as well)...
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Old 06.03.2018, 13:17
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Re: Advice needed - Legal case "Exhibitionismus"

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I would play it safe and have a chat with a lawyer, just for my own peace of mind.

P.S. Do you have legal insurance (as part of your household or otherwise). This might be a case to resort to it...
I doubt legal insurance will pay for this.
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Old 06.03.2018, 13:27
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Re: Advice needed - Legal case "Exhibitionismus"

I'm not sure, I'll investigate! Thank you for bringing that up.
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Old 06.03.2018, 13:38
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Re: Advice needed - Legal case "Exhibitionismus"

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I doubt legal insurance will pay for this.
So, let me get this clear, if you find something like this, you let know the police and then you need to pay a lawyer???

If this is the case people without the insurance will start looking in the other direction when this kind of stuff happens...
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Old 06.03.2018, 13:51
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Re: Advice needed - Legal case "Exhibitionismus"

Exactly... this is another side of the question. But my main concern is my data having been handled to him.
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Old 06.03.2018, 13:54
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Re: Advice needed - Legal case "Exhibitionismus"

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So, let me get this clear, if you find something like this, you let know the police and then you need to pay a lawyer???

If this is the case people without the insurance will start looking in the other direction when this kind of stuff happens...
Why not read the scope of coverage of legal insurance.
Why does the OP need a lawyer? she is confirming to the court what she chose to voluntarily tell the police.
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Old 06.03.2018, 13:54
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Re: Advice needed - Legal case "Exhibitionismus"

Sounds very fishy to me.

Are you sure you didn't misunderstand something, somewhere along the way?
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Old 06.03.2018, 14:00
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Re: Advice needed - Legal case "Exhibitionismus"

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Why would they inform the guy of the witnesses contact details?
Because the witness' details of the are in the prosecutors investigation file. An accused has the right to see all evidence, this includes the prosecutors file and the witness details. If you accuse some one of wrong doing you can normally not anonymously denounce someone.

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After telling several times what happened, within different "legal" contexts, I now find myself called for as a witness, having to testify against this man. The case is classified under "Exhibitionismus". Unfortunately, I received vast documentation about the process in German and therefore am not totally aware of it.

My deep concern is that the man has been informed of my identity and also of my address. Does anyone know if this is an usual procedure?

I feel that, at the very least, I should have been informed about this matter (my address being given to the perpetrator), as I was of other matters such as I being obliged to tell the truth, possible consequences in case I didn't etc.
You go to the proceeding and state truthfully, without adding or leaving a detail out, what you have seen and witnessed.

In the best case the man gets sentenced, has to serve jail, and after he served his time will put indefinitely into an institution where they will asses once every few years if he is still a thread for the society. End of the affair.

If you do not go there as a witness they may acquit the accused and even start a prosecution against you because of wrongful accusation.
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Old 06.03.2018, 14:07
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Re: Advice needed - Legal case "Exhibitionismus"

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So, let me get this clear, if you find something like this, you let know the police and then you need to pay a lawyer???

If this is the case people without the insurance will start looking in the other direction when this kind of stuff happens...
They will/should not cover this since there is no need for a lawyer for OP, she choose herself to ask a lawyer for advise where she also could have called her insurance. She is a witness and not accused of anything.
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Old 06.03.2018, 14:07
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Re: Advice needed - Legal case "Exhibitionismus"

Too the OP. I hope it goes okay for you.

I've got friends who were witnesses (to a serious fight) in the U.K. and they've all said that because of the way they were treated in court, they will never ever call the Police and act as witnesses again.
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Old 06.03.2018, 14:07
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Re: Advice needed - Legal case "Exhibitionismus"

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Because the witness' details of the are in the prosecutors investigation file. An accused has the right to see all evidence, this includes the prosecutors file and the witness details. If you accuse some one of wrong doing you can normally not anonymously denounce someone.
Wow - that's pretty scary to know. Is this the case even with witnesses to violent crimes? Say you saw someone being shot, you are called as a witness then the shooter has free access to your name, address, DOB, etc?

I think I would seriously hesitate to get involved if that was the case.
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Old 06.03.2018, 14:09
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Re: Advice needed - Legal case "Exhibitionismus"

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Because the witness' details of the are in the prosecutors investigation file. An accused has the right to see all evidence, this includes the prosecutors file and the witness details. If you accuse some one of wrong doing you can normally not anonymously denounce someone.
In John Grisham style narratives, the defence lawyers research the witnesses to pull out all sorts of dirt from their past in an attempt to discredit them.

But in reality, in Switzerland, for a relatively low level offence, i don't think that really happens.
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Old 06.03.2018, 14:11
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Re: Advice needed - Legal case "Exhibitionismus"

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Wow - that's pretty scary to know. Is this the case even with witnesses to violent crimes? Say you saw someone being shot, you are called as a witness then the shooter has free access to your name, address, DOB, etc?

I think I would seriously hesitate to get involved if that was the case.
For serious crimes where a threat towards OP is/has to be expected there is a witness protection program. This program does not automatically become active where a bystander is witness from exhibitionism and decided to report a case.

And if somebody is accusing another person he normally has the right to know who accuses him of what so he can defend himself properly.
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Old 06.03.2018, 14:15
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Re: Advice needed - Legal case "Exhibitionismus"

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For serious crimes where a threat towards OP is/has to be expected there is a witness protection program. This program does not automatically become active where a bystander is witness from exhibitionism and decided to report a case.

And if somebody is accusing another person he normally has the right to know who accuses him of what so he can defend himself properly.
In most cases I would say the "what" is more important than the "who".

The Witness Protection Scheme is nothing to do with the general anonymity you would expect in cases such as the OP's.
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