A sexual assault is now considered rape when a perpetrator “forces a woman to have sex, particularly by threatening her, using violence, putting her under psychological pressure or making her unable to resist”.
With this so-called principle of coercion, the applicable Swiss sexual criminal law defines a rape. Parliament now wants to change that. In the future, the focus will be on consent to sexual activity, rather than coercion.
But that was the end of the unity in the Council. The hour-long debate in the National Council on the evening of the month is mainly about how this approval should be given.
New rule is a “quantum leap”
The civilian camp largely believed that rape only happens when someone verbally or unequivocally says no. The rule is called “No is no”.
Die Linke and the GLP were in favor of rape if someone does not say no, but does not say a clear yes either. The rule counts as “Only yes is yes”.
The ‘no is no’ solution reaffirms the principle that women are generally available for sex as long as they don’t resist,” said GLP National Councilor Judith Bellaiche, 51. This so-called presumption of consent is obsolete and has nothing to do with sexual self-determination.
The members of the FDP and the center did not follow any line. Whichever model the National Council eventually chooses, the revised law is a “quantum leap” anyway, because coercion as a component of rape no longer applies, said parliamentary group leader Philipp Matthias Bregy (44) in Mitte. “So a victim no longer has to fight back. That’s what’s really important about this template.”
With 99 votes in favor and 88 against (with 3 abstentions), the National Council decided to introduce the solution “only yes is yes” in sexual criminal law.
SVP almost agreed
Alone in her party with her opinion was Celine Amaudruz (43). Even before the debate, the SVPerin said in a Facebook post that the yes-means-yes variant was in favour: “I don’t understand why only a yes is a yes in professional life, in clubs or in society, but not more in the emotional life.” and love life,” says Amaudruz.
The responsible Minister of Justice Karin Keller-Sutter (58) warned against too high expectations. The modernization of the new sex criminal law would not solve the problem that many rapes go unreported in the first place. Although an important step is now being taken, the evidence problems have not been resolved.
In addition, Keller-Sutter pointed out that the “only yes is yes” rule cannot prevent a potential victim from saying yes out of fear or uncertainty. That is why she campaigned for the ‘no is no’ solution on behalf of the Bundesrat.
Already in the summer, a majority of the Council of States voted for “No is no”. Now he will have to deal with the template again.