Revision of sexual criminal law – Sex only if both want to be, the policy considers all sexual acts without consent should be punishable even if no violence was used. The claim gets Support from an unexpected quarter.Claudia Blumer23 Kommentare23Demonstration against sexual violence towards women in front of the Federal building on Tuesday, 21. May 2019. (KEYSTONE/Anthony Anex)
Sexual acts should only take place if the parties Involved are in agreement. This seems obvious, but it is not. At least in Switzerland, criminal law, according to the book, and the case-law. For a conviction for sexual assault or rape is a mere “no” is not enough. The victim must have with hands and feet to fight back, or does it have to be psychologically under pressure. This goes back to the morals of the penultimate turn of the century: sexual intercourse outside of marriage was punishable by law. A woman had to prove that their violence was done to. Otherwise, they had to reckon with a penalty.
Today is not to honor but to sexual self-determination. On the occasion of the women’s strike marks the first Time, Amnesty International met a “appeal for a contemporary sexual rights” was launched, the approximately 160 persons from the judiciary, politics, and culture have signed, as well as a few dozen parties and organizations. It should now go forward. The sexual self-determination, for the on 14. June 2019 is a half a Million people took to the street, would also have to be in the criminal code, so your call.
until now, many politicians were skeptical. There is talk of “bureaucratic legislate the Sex was”, you must continue to Meet the lawyer to take to a romantic, etched some. In addition, it was feared that the innocence undermined the presumption and the burden of proof would be reversed load.
In Sweden, the following applies: Yes
now, However, the Reform also gets in the Parliament becoming more and more popular. SP-councillor Daniel Jositsch had expressed a year ago are still skeptical – he was referring, but in Sweden the current version.
Both Germany and Sweden were on the verge of its laws adapted. In Germany, the “no”model is now: is Punished, who is on the no or the recognizable will of the against over the years. The Swedish model goes further: It requires a consent for lawful sexual acts, either verbally or non-verbally. Want to be called: Only Yes means Yes. In the summer of 2019, a man due to “careless rape was sentenced in Sweden for the first time,” a month-long prison sentence.
He had always taken the position that a miss should be corrected, if there is one, says Jositsch. And this is obviously not the case. According to his view, adequate punishment of sexual acts unwillingly in Switzerland, while theoretically possible today. The court practice is apparently different. Therefore, there is a need for a reformulation in the criminal law – according to the German model.
Bundesrat
Jositsch forms with Andrea Caroni (FDP) and Beat Rieder (CVP), the sub-Committee that deals with this part of the criminal law revision. Also, Caroni was skeptical at first. He wants to prevent all forms of sexual Violations in a pot (“rape!”) be thrown. Therefore, he proposes a three-tier penalty model and the introduction of the new Offence: cases of forced application remained sexual assault or rape. Mild cases without coercion remained sexual harassment. In between, for heavy Assaults without forced – there is the new offence of sexual Assault. “This could be living the principle of “no is no” more consistently followed,” says the Ausserrhoden Caroni.
Support there are now also by the Federal Council. Last autumn, the state government had objected to an adjustment of the two criminal law article. It should only increase the minimum penalties and of the rape offences are gender-neutral formulated.
But now, the Federal Council has changed its mind, apparently. Minister of justice, Karin Keller-Sutter signaled during a meeting of the stand ätlichen law Commission at the beginning of this year, approval of the request. The administration is now preparing a proposal that should be available after the summer holidays. Then he goes first in the consultation, then to the Parliament.
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