Since July 2024, Switzerland has implemented a new law on sexual offenses that redefines rape and sexual coercion under a clear and firm principle: “no means no.” This reform represents a significant step forward in protecting victims, aligning the legal framework with a consent-based approach that prioritizes the dignity and rights of those affected by sexual violence.
A Legal Shift Based on Consent
The new legislation states that if a person clearly expresses their refusal—either verbally or through gestures—and their wishes are deliberately ignored, the act will be considered rape. This marks a significant departure from the previous law, which only classified rape or sexual coercion when the victim was forced through violence, threats, or active resistance.
Now, the absence of an explicit “yes” is enough to determine that consent was not given, ensuring greater protection for victims.
Recognizing the Victim’s State of Shock
Another crucial aspect of the reform is the recognition of situations where a victim may be in a state of shock, unable to express their refusal or defend themselves. In such cases, the law considers the victim’s incapacity to react as an implicit “no.” Perpetrators who take advantage of this state will be held accountable for rape or sexual coercion.
This change is essential, as many sexual assault victims freeze due to fear, shock, or psychological trauma. By removing the need for victims to prove active resistance, Switzerland modernizes its legal system to reflect the realities of these crimes.
A Step Forward for Human Rights Protection
With this reform, Switzerland joins other European countries that have adopted consent-based laws, reinforcing the legal framework to combat gender-based violence and ensure justice for victims. The new legislation also sends a powerful message: consent must be explicit, voluntary, and free from pressure or manipulation.
Beyond the legal impact, this reform contributes to cultural change, promoting education on consent and dispelling harmful myths about sexual violence.
Stronger, more responsive laws are crucial for building a safer and more just society. Switzerland is leading the way with this reform, demonstrating that victim protection and human rights must be at the heart of the justice system.
Source: RTP News
