Federal Councilor Elisabeth Baume-Schneider on the “No is no” solution: “The reform of the sexual criminal law is a milestone”

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Blick: Madam Bundesrat, are you satisfied with the “No is no” solution?
Elisabeth Baume-Schneider: The reform of the sex criminal law is a milestone. I am very satisfied and also proud that both chambers have come to a good solution together. It is a widely supported compromise – and a clear improvement on the old law.

A long-awaited modernization of sexual criminal law?
Yes, because it draws a clear line in the case of sexual violence, can be easily applied by the courts and improves access to justice for those who are victims of sexual violence.

So what exactly will change for the victims?
Now it is no longer just about rape when someone violently forces a victim to have sex. Rather, it is a criminal offense if someone performs sexual acts against their will. The law explicitly takes into account the possibility that someone will go into shock and therefore be unable to defend themselves against rape. That also counts as a non-verbal no in the future.

You said in the National Council that you wanted a clear law. Wouldn’t you have wished for the “yes is yes” solution?
It is very important that we have this compromise now. He will also provide legal assistance and better protection to the victims.

However, the burden of proof is still on the victim and four-eyes offenses are difficult to prove. Is this a problem?
As I said, victim protection is improving. It is important that victims are taken seriously and treated with dignity throughout the process.

Source:Blick