National Councils Want “Only Yes Means Yes” Rule

Saying no is not enough. The Legal Committee of the National Council is in favor of embedding the “yes means yes” principle in sexual criminal law. This means that in the future, sexual acts must require mutual consent – ​​otherwise there will be assault or rape. The Commission voted in favor of this variant with a surprisingly clear 15 to 10 vote.

Due to the secrecy of the Commission, it is not known who voted how. But given the composition of the committee and the voting ratio, it is clear that SVP representatives must also have voted in favor of the consent principle.

The Council of States, on the other hand, spoke out in favor of the other model that was under discussion a few months ago: the “No means no” solution. This states that someone has to explicitly say no if they don’t want sex.

Focus on perpetrators instead of victims

That is not enough for the majority of lawyers in the National Council. They want to enshrine in the law that sexual acts are always based on the consent of those involved. And not just for lack of contradiction. It is hoped that, according to the Committee, the investigation of sexual offenses will focus more on the behavior of the perpetrator and not on the behavior of the victim.

The left cheers. “Our call has been heard,” says SP Country Councilor Tamara Funiciello (32). “It was hard work and it paid off.” Left-wing circles have been fighting for the consent solution for years.

“Then the Council of States must move!”

The opponents of this variant fear that this would lead to a reversal of the burden of proof, ie that the perpetrator would have to prove his innocence in the future. They also warn against a “symbolic criminal law”. Arguments that, according to Funiciello, have no foundation, as several experts have confirmed in hearings. Today, it is only considered rape if someone is forced into sex with physical or psychological violence. Saying no is not enough.

The Legal Committee of the National Council also disagrees with the Council of State when it comes to the punishment of rapists. The Stöckli had decided that in future a minimum sentence of two years would apply, meaning that there would have been no more suspended prison terms. As originally planned, the minimum sentence should be one year.

The next step is for the National Council. Funiciello is in a good mood to convince a majority of the “Only yes means yes” principle. As for the debate, the campaign will certainly be ramped up again, she announces. “And then the Council of States has to move!” (lha)