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CRIME

OPINION: Switzerland’s rape laws are not fit for purpose and reforms are long overdue

As they stand Switzerland's rape laws are more useful to perpetrators of sex assaults than to the victims, writes Clare O'Dea as she explains why new reforms are long overdue.

OPINION: Switzerland's rape laws are not fit for purpose and reforms are long overdue
Switzerland's Federal Criminal Court. (Photo by Fabrice COFFRINI / AFP)

It is widely accepted that Switzerland’s current rape law, last revised thirty years ago, is not fit for purpose. Partly in response to international obligations, the Swiss political system is finally addressing the problem and concrete progress is inching closer.

The failings in the current legal model include a too-narrow definition of what sexual act constitutes rape, the exclusion of male victims of rape, the requirement to prove violence or coercion, and the soft sanctions against convicted rapists.

Taken together, these weaknesses make Swiss rape legislation as it now stands a lot more useful to perpetrators of rape than it is to victims.

There were 757 rapes reported in Switzerland last year, and only 77 rapists convicted, some of whom did not receive custodial sentences. The overall number of reported sex offences in 2021 was 6,909. 

But extensive change is coming in all four problem areas, partly thanks to the Istanbul Convention on violence against women. A revision of the Swiss law, compliant with the Convention, is working its way through parliament. The Council of States has just supported the reform positions of the Federal Council, and the National Council is expected to go at least as far when it takes up the debate later this year.

The definition of rape is set to be expanded to include any kind of penetration against the will of the person, not just vaginal penetration by a penis. This means more sexual acts can be prosecuted as rape. Combined with the use of the gender-neutral word ‘person’, it also means that males will be recognised as victims of rape for the first time under Swiss law.

The Council of States also voted to introduce a minimum two-year prison sentence for convicted rapists. This is important because sentences under two years are automatically suspended in Switzerland, which has meant some rapists walk away without serving any time behind bars.

It is hard to imagine the anguish of victims seeing their abusers get off so lightly, without any prison time or even being named and shamed in their community. In ordinary circumstances, the names of convicted criminals are not made public in Switzerland.

These changes, if accepted by the larger parliamentary chamber, will represent a major step forward for victim’s rights, and bring Switzerland into line with most other European countries on rape law.

The final unresolved issue is how to proceed when the use of force is no longer part of the legal definition of rape. We know it is possible to do something to someone against their will without using force. There are many reasons victims may not resist, including the phenomenon of freezing in shock.

There is a growing international movement to reconceptualise rape and other sexual offences as violations of the victim’s sexual autonomy. More and more European countries – 13 and counting – are moving away from the violence-based definition of rape to a broader definition of rape being sex without consent.

Right now in Switzerland, the camps are split into those who advocate for the explicit expression of consent – ‘Only Yes Means Yes’ – as the best legal formula to establish rape, and those who say it’s the refusal of consent that must be expressed – ‘No Means No’. The Council of States opted for No Means No.

Unfortunately, all of this may be academic in a court setting where there is no record of such statements on the part of the alleged victim either way.  The use of force, threats or psychological pressure, is already hard to prove. So what’s the point of the change?

What it will hopefully do is reinforce the message that it is imperative to listen to the person you are about to have sex with and that what they want matters. Even if you don’t care what they want at that moment, the law does.

It tells potential victims that their wishes matter, that consent is not something to be brushed aside to satisfy one person’s demands. It is good to have this spelled out in law. Remember that marital rape, for example, only entered the Swiss criminal code in 1991.

When it comes to giving consent, I don’t think it matters which model you use – say yes or say no – putting consent at the top of the agenda between sexual partners will help make a cultural difference. But a lot more needs to happen outside the legal arena to make this a safer country for women and girls in particular.

Sadly, the unreported incidence of sexual assault and rape is high. Amnesty International commissioned a survey of women in Switzerland in 2019 in which 12% of respondents said they had had non-consensual sexual intercourse. More than one in five (22%) had been subject to unwanted sexual acts in their lives. Only 8% of these victims notified the police.

Could we produce a new generation of women who feel secure enough to say ‘I don’t want this’ and a new generation of men who would listen to them and respect their wishes? We are not there yet, especially not with the ubiquity of porn culture that has become markedly more violent towards women.

There are still some hard questions to be asked about why rape happens. Why is it that a subset of men will disregard the dignity, comfort or safety of another person for their own sexual gratification? How are we as a society contributing to this sense of entitlement?

Ultimately, weeding out rape culture will achieve a lot more than the courts can, even with this better law.

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CRIME

Why are thefts increasing in Switzerland?

Newly published figures show that the number of thefts in Switzerland has substantially increased in 2023. What’s driving this surge?

Why are thefts increasing in Switzerland?

As reported earlier this week by The Local, new figures from the Federal Statistics Office show that Switzerland experienced an overall fourteen percent increase in crimes committed in 2023. 

Theft is one crime that demonstrated an exceptionally sharp rise—thefts of goods from cars, for example, have risen by seventy-one percent. 

However, before worrying about a crime wave, it’s essential to consider the role that two closely related factors may play in these figures. 

The pandemic effect

In the years since the easing of lockdown restrictions, research institutions worldwide have been examining its effects on almost every facet of society, with crime no exception.

A 2021 study by the University of Cambridge and the University of Utrecht found that urban crime levels dropped by a third during lockdowns, including in Switzerland. 

Like many other European nations, Switzerland’s pandemic response continued into mid-2022, when the last measures were ended. The country’s mountainous geography also made enforcing travel restrictions easier than in many other countries. 

What is reflected in the new numbers is the return of ‘crime tourists’, criminal gangs from other countries such as Romania and Albania, who may see relatively affluent Switzerland and the frequent cross-border traffic as fruitful pickings.

As criminologist Dirk Baier told news portal Swissinfo.ch: “Switzerland is attractive. That means we have criminal tourists who come here from abroad just for this purpose.

“There is something to be gained here, there is wealth here and there is a somewhat inattentive population that, for example, does not lock its cars or sometimes leaves its apartment doors open.”

Baier also suggested that the relative ease that with which thefts can be committed plays a role:

“Certain crimes were discovered (…) that are easy to carry out, such as ‘sneak-in thefts’, opening the car door somewhere and taking something out.

“You can see that individual perpetrators can really commit such crimes on a large scale.”

Cost of living woes

While some have noted that the rising cost of living was not felt as keenly in Switzerland as the pandemic ended, the situation changed somewhat in 2023. 

The ‘Pulse of Switzerland‘ study, published by Deloitte Consulting in early 2024, revealed that sixty percent of Swiss had cut back their spending and were eating out less, resulting in flow-on effects across several retail and hospitality sectors. 

While the spike in unemployment caused by the pandemic was primarily reversed, the persistence of global inflation resulted in Swiss unemployment rising in early 2024. 

It rose to two point four percent in February, with a projected rate of two point five percent in early 2025. 

Traditionally, there is a strong association between inflation, unemployment, and crime. As the demand for cheaper stolen goods increases—particularly for electronics, jewellery, and handbags—so does the incentive for theft.

Again, it’s not unexpected that crime rates—particularly theft rates —would increase as inflation continues to worry consumers.  

Still a safe place to be

The ‘perfect’ storm of a global pandemic shutting down society’s normal functioning for several months and the ensuing surge in inflation caused by the disruption have resulted in crime figures that may ring alarm bells. 

However, it’s important to note that by almost all metrics, Switzerland remains one of the safest places to live in the world. 

It maintains a place in Europe’s top ten safest countries, as identified by the Global Peace Index

According to the Better Life Index, it is also a place where 86 percent of the population feels safe walking at night.

With a bit of attention paid to securing your valuables and not leaving them unattended in vehicles, you have no need to worry.

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