Short duration of rape can result in shorter sentence, says Swiss court

In 2021, the Basel Court of Appeal reduced the sentence for a rapist and justified this by stating, among other things, that the crime had only lasted eleven minutes. This led to widespread protests. Keystone / Georgios Kefalas

According to the Federal Court, the relatively short duration of a rape – 11 minutes in this particular case – can play a role in determining the sentence of a perpetrator.

In 2021, the Basel Court of Appeal reduced the sentence for a rapist and justified this by stating, among other things, that the crime had only lasted 11 minutes. In addition, the victim had sent out the wrong signals before the crime. The court’s decision led to protests in several cities. Around 500 people gathered in front of the court in Basel and held their arms up in silence for 11 minutes – as long as the rape had lasted.

The case concerns a woman who had gone out in Basel in February 2020. In the toilet of a bar, she engaged in voluntary sexual acts with a man. Later, on her way home, she was raped by two other men in the entrance to her house. The perpetrators were 17 and 33 years old. 

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In a decision published on Wednesday, the Federal Court ruled that the relatively short duration of the rape should be taken into account in the sentence. The decision has angered some people. “This case is particularly serious and in this respect I don’t think the duration of the rape should play a role,” parliamentarian and lawyer Barbara Steinemann told Swiss public television, SRF.

The Federal Court did argue that the perpetrator should be punished more severely than the Basel court verdict for other reasons. The fact that the victim had previously voluntarily engaged in unprotected sexual acts with another man should not be considered when sentencing the perpetrator.

“I completely agree with the Federal Court that a perhaps not entirely impeccable lifestyle should not be taken into account to mitigate the punishment,” says Steinemann. How a victim behaves should not play a role. As a result, the case goes back to the lower court, which has to impose a higher sentence.

What will happen to the second perpetrator is still open: The Basel City Juvenile Court has acquitted him in case of doubt for the accused. An appeal against this verdict is pending before the Basel City Court of Appeal. As a Federal Court judgment has now been passed on the co-perpetrator, the Court of Appeal will probably decide on the case soon.

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