sexual criminal law
Petition submitted: 41,000 signatories demand “Only yes means yes”
Amnesty International, Operation Libero and other organizations presented the Federal Chancellery with a “wake-up call to Parliament” on Monday. Together with over 41,000 people, they want the consent solution to be enshrined in law.
Starting next week, the National Council will deal with the revision of sexual criminal law in the winter session, among other things. Amnesty International and Operation Libero, together with around 50 organizations, have now organized a “wake-up call to Parliament”, as they announced on Monday. They submitted a petition to the Federal Chancellery, which was signed by 41,123 people.
With the action, the organizations want to emphasize the demand for a revision of the sexual criminal law in the sense of “Only yes means yes”. Sexual intercourse would therefore only be legal if there was express prior consent from all those involved. Parliamentarians from various parties have also joined the demand.
“Sexual acts require the consent of all those involved, otherwise it is sexualised violence,” Denis Sorie is quoted as saying by Operation Libero. This social self-evidence must “finally” find its way into criminal law. And for Cyrielle Huguenot from Amnesty Switzerland, it’s “time for justice”.
So far, the Council of States only wants “No means no”
The preliminary advisory commission of the National Council spoke out in favor of the so-called consent solution in October. This despite the concerns of a minority, who feared a reversal of the burden of proof and thus the presumption of innocence would be lifted. The National Council must now also speak out in favor of the “Only yes means yes” solution and “shake up” the Council of States, the organizations said.
In the summer session, the Council of States spoke out in favor of the “no means no solution”. This means that anyone who disregards the verbally or non-verbally expressed wish of the victim is liable to prosecution. Critics don’t go far enough. They want sexual acts to be punishable even when there is no explicit consent. The reason: In many cases, victims of sexual violence simply freeze and are no longer able to express their displeasure.
If the National Council follows its commission and votes for “Only yes means yes”, the Council of States would have to come back to its decision. Both versions are tantamount to a tightening of sexual criminal law. In the previous law, rape only existed if physical violence was actually used and the victim physically defended himself. (wap)