From the middle of the year, the principle “No means no” applies to sex
Published: Wednesday, Jan 10th 2024, 12:20
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From the middle of the year, the principle of "no means no" will apply to sex. Rape, sexual assault or sexual coercion are now deemed to have occurred if the victim has expressed with words, gestures or by freezing that they do not consent to the act.
On Wednesday, the Federal Council brought the revised Sexual Offenses Act into force on July 1, 2024. The date is in line with the wishes of the cantons, it wrote. This will give them the time they need to prepare for the changes and train the authorities concerned.
Words, gestures, freezing
The reform introduces the new regulation "No means no", which had triggered controversial discussions in parliament. In addition to words or gestures, the victim's state of shock, known as freezing, is also considered a sign of rejection.
If the victim freezes in fear and is unable to express refusal or defend themselves, perpetrators are now also punished for rape or sexual assault and sexual coercion - if they have recognized the victim's state of shock.
Under current law, rape or sexual assault only occurs if the victim is coerced into a sexual act, i.e. threatened by the perpetrator or the perpetrator uses violence against the victim. This requirement no longer applies.
Facts extended
The offense of rape now includes not only intercourse against the will of the victim, but also "acts similar to intercourse" that involve penetration of the body. This means that significantly more sexual acts would be considered rape, writes the Federal Council.
So-called "stealthing" is to become a punishable offense: This offense occurs in the case of consensual sex, but when one person involved secretly removes the condom without the prior consent of the other person or does not use one from the outset.
In terms of prevention, offenders can already be obliged to attend learning programs after certain crimes. It should now also be possible to be obliged to attend such a program if you are accused of having sexually harassed someone.
"No means no" controversial in councils
Parliament passed the revised Sexual Offenses Act last June. It was particularly controversial whether "no means no" or "yes means yes" should be chosen. According to this principle, sexual acts should only have taken place with the express consent of those involved.
There was also controversy as to whether cybergrooming should be explicitly criminalized - i.e. initiating contact with under 16-year-olds with the intention of committing a sexual offence. Parliament ultimately decided not to include such a passage.
The responsible committee of the Council of States, which prevailed on this point, had cited demarcation problems. It had also argued that the current legal framework was sufficient to punish acts of this kind.
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