From Coercion to Consent: Rape Law Reform in Switzerland
The introduction of a consent-based definition of rape is currently a subject of discussion in Switzerland. Like the criminal laws of many other countries, the Swiss Criminal Code still defines rape as “coerced sexual intercourse” involving either violence, threats, or psychological pressure. Until today, the ignoring of the victim’s explicit “no,” without more, is not sufficient to establish the definitional elements of the sexual offense of rape.
The aim of the project is to monitor closely the progress of the reform process and to examine and discuss the reform proposals in Switzerland. Furthermore, a response to the consultation process (a key element of Switzerland's legislative system) will be developed and submitted to the Swiss Federal Department of Justice and Police.
|Expected outcome:||scientific articles; participation in the consultation process|
|Project languages:||German, English|
|Photo:||© Melodie Descoubes/Unsplash|
Scheidegger, N. (2019). Strafrechtliches Neuland: Stealthing (Urteilsanmerkung),
FRI Newsletter (09/2019).
- Balancing Sexual Autonomy, Responsibility, and the Right to Privacy: Principles for Criminalizing Sex by Deception, German Law Journal, Special Issue 2021
- Reform des Sexualstrafrechts: Was bisher geschah (voraussichtlich ZStrR)