Organisations and campaigners have been urging Switzerland to amend its current law. As in many other countries, the Alpine country only defines rape as forced sex involving violence, threats or psychological pressure. This means that in certain situations, unless victims specifically defend themselves, their aggressor will be charged with “sexual harassment” rather than “rape”.
During earlier debates in Bern, the House of Representatives had been in favour of a “yes means yes” legal revision, which qualifies any non-consensual sex as rape. Meanwhile, the Senate had backed a “no means no” approach to the country’s rape laws, where rape cases are only brought if a person explicitly objects.
Finally, politicians from the two parliamentary chambers agreed on Thursday to a third definition: a “no means no” approach that also takes into account the victim’s state of shock.
In Switzerland, the Istanbul Convention which is aimed at combating violence against women took effect in 2018. Since then, the country has been working to comply with its requirements but had stopped short of changing the definition of rape. NGOs such as Amnesty International and feminist and women’s rights groups have been pushing for more.
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Switzerland urged to change rape consent law
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The Council of Europe has expressed concern that Switzerland’s legal system does not adequately protect women from violence and rape.
How a new definition of rape could impact Swiss law
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More countries define rape as sex without consent – even if no force is used. What would changing the definition mean in Switzerland?
Women demand better protection against sexual violence
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One year after the historic women’s strike on June 14, 2019, a national appeal has been launched for a “modern sexual criminal law”.
One in five Swiss women has been a victim of sexual violence
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Sexual violence is much more widespread in Switzerland than previously thought, affecting at least one in five women, Amnesty warns.
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