November 21, 2024
The new sexual criminal law came into force on July 1st, 2024, with a new definition of rape based on the “no means no” principle (Art. 190 of the Swiss Criminal Code).
This significant reform broadened the scope of the offences of rape and sexual coercion.
Previously, only offences where the perpetrator forced the victim to perform sexual acts by threat or violence were considered rape. Since this revision, acts are considered rape or sexual assault or coercion as soon as the victim has made it clear to the perpetrator, by words or gestures, that she does not want sexual intercourse with him, and the perpetrator has intentionally overridden this wish (no means no). If a victim finds herself in a state of shock that prevents her from expressing her refusal or defending herself, this is also considered a no. Thus, if the victim is petrified by fear and cannot express her refusal or defend herself, the perpetrator will have to answer for rape or sexual coercion.
In addition, rape, which before July 1st, 2024 was limited to non-consensual vaginal penetration of a woman by a man, now includes any non-consensual penetration of the body, whether oral, vaginal or anal, on a man or a woman.
The new sexual criminal law also punishes stealthing, the offence of discreetly removing a condom during consensual sexual relations, or failing to use one, without the partner’s knowledge. Similarly, “revenge porn”, i.e. the distribution of sexual content to a third party without the consent of the person concerned, is now punishable on complaint (art. 197a PC).
Criminal law must protect victims, while punishing perpetrators appropriately. Prevention also plays a major role. For this reason, the competent authority can require the accused to follow a prevention program even if he or she has committed the offence of sexual harassment.
