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‘It only lasted 11 minutes’: Why this rape sentence has caused an outcry in Switzerland

The verdict in a rape trial in the canton of Basel has caused a widespread outcry in Switzerland, after the judge justified a shortened sentence because the rape had “only lasted for 11 minutes”.

‘It only lasted 11 minutes’: Why this rape sentence has caused an outcry in Switzerland
A close up image of a police car. Photo by Maximilian Scheffler on Unsplash

The incident took place in February 2020 in the Swiss city of Basel, where two men raped a 33-year-old woman in the entrance of her apartment in Elsässerstrasse. 

The sentence, which was handed down at the start of August, has caused controversy not only due to its lenient nature, but due to the mitigating factors cited by the judge in the case. 

One of the men was a minor and as such will be sentenced in juvenile court. The other, a 32-year-old man, had his sentenced reduced from 51 months to 36 months on appeal and as a result will be released from detention in a few days due to time already served. 

In reducing the sentence for the 32-year-old man on appeal, justice Liselotte Henz said there was only “moderate fault” for the perpetrator in the context of Swiss criminal law. 

While the court report has not yet been released, Swiss media has reported several aspects of the judgement seemed to blame the victim rather than the perpetrator for the attack. 

Several factors came into account in the reduced sentence, including that the attacks – which lasted 11 minutes – were “relatively short” and that there were no permanent physical injuries to the victim. 

The judge said the victim had been “playing with fire” in the lead up to the attacks. 

The judge also appeared to blame the victim for “the signals she sent out to the men”, referencing behaviour in the club where they met where the woman had withdrawn to a toilet with another man. 

As both men are Portuguese nationals, the sentences will include a period of deportation from the country, which is expected to be six years for the adult offender and is not yet set for the minor.

Protests and outcry in Switzerland

On Sunday, August 8th, around 500 people protested outside the appeals court in Basel where the verdict was handed down. 

Protesters at the rally, which police said was unauthorised but peaceful, carried signs emphasising the need for consent and chanted “11 minutes is 11 minutes too many”. 

Signs carried by the protesters said “there is no such thing as a short rape” and complained that the legal system “was sending the wrong signals” to the general public. 

The victim’s lawyer said she was shocked by the verdict. 

Agota Lavoyer, who runs a victim assistance organisation in the canton of Solothurn, said the “shameful” verdict “cements rape myths”. 

The verdict has attracted condemnation from across the political spectrum, with both left and right-wing political groups speaking out against it. 

Ronja Jansen, president of the Young Social Democrats (Just), said the verdict was likely to make women less willing to report sexual violence. 

“The fact that the woman is portrayed as an accomplice because she may have entered into contact with other men is a harmful mixture of consensual acts and rape.”

Marcel Columb, from the Basel Social Democrats, said it sent the wrong signals to victims of sexual violence. 

“A four year sentence was already mild, but now to imply the woman was complicity due to her behaviour to someone uninvolved with the crime is unbearable. What a sign for all victims of sexualised violence.”

Jérômie Repond, from the right-wing Swiss People’s Party, asked “What kind of society do we live in?” after the verdict, while party colleague Pascal Messerli said the sentence was too short when the victim would have to live with it her entire life. 

The victim and the Basel public prosecutor have said they will wait for the publication of the written ruling before deciding whether to appeal to the Swiss Federal Court. 

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School abuse scandal taints Swiss chocolate maker

Abuse allegations at a private religious school founded by the former head of Laderach is taking its toll on the celebrated Swiss chocolate maker, with the Zurich Film Festival this weekend severing ties.

School abuse scandal taints Swiss chocolate maker

The Zurich Film Festival (ZFF) announced late Saturday that it had agreed with Laderach to end a partnership, adding that a documentary aired days earlier on the abuse allegations had “shaken everyone”.

“We want to ensure that the festival remains centred on the pleasure of cinema alone,” said the statement from ZFF, which will kick off its annual 11-day festival next week.

The announcement came after a documentary aired by Swiss public broadcaster SRF last week alleged that children at the Evangelical school in Kaltbrunn, in the eastern canton of St. Gallen, had been systematically beaten.

The school was founded in 1995 by Jurg Laderach, the former head of the chocolate maker, and according to the documentary, he stands accused of himself administering beatings, something he flatly denies.

His son, Johannes Laderach, took over the helm of the company in 2018, and ZFF acknowledged that no accusations had been made towards the current leadership But, it said, “the suffering of the presumed victims is nonetheless associated with the name of the family and the business”.

The chocolate-maker was founded over 60 years ago by Jurg’s father Rudolf, and today counts more than 1,000 employees and over 100 stores across some 15 countries.

In an interview with the Tages-Anzeiger daily, Johannes Laderach said he himself had attended the school, and while he was never beaten, “I experienced the climate of fear myself”.

He insisted that the new generation was intent on shining a light on any abuse that may had happened and had several years ago ordered an external investigation.

A report following that probe described “a theology of fear” and a “culture of denunciation, manipulation and threats,” according to the documentary.