What does that mean yes law

Change in sex criminal law: Commission for women's issues calls for "only yes means yes solution"


Sexual criminal law is being revised. The EKF speaks of “serious gaps” and calls for the “only yes means yes solution” and a new definition for the offense of rape.

  • The currently applicable sexual law in Switzerland is being revised.

  • The Federal Commission for Women's Issues EKF is calling for a new definition of rape.

  • In addition, she wants the “only-yes-means-yes-solution” - the currently valid “no-means-no-solution” is inadequate.

The Swiss sexual criminal law is currently being revised. The Federal Commission for Women's Issues (EKF) is now calling for the “just-yes-means-yes-solution” and a new definition for the offense of rape, as it writes in its response to the consultation.

"The right to sexual self-determination is central. Anyone who has to endure a sexual act without consent is massively violated in his / her integrity and dignity. It is therefore essential that those affected file a complaint and that the perpetrators can be held accountable , ”Said the EKF.

In Switzerland this is not guaranteed enough with the current sexual criminal law. The EKF therefore demands that sexual self-determination be protected more comprehensively. Sexual criminal law is necessary for this, which requires the consent of the persons involved in a sexual act. The EKF therefore proposes the so-called “just-yes-means-yes solution”. These states that sexual acts may only be carried out if everyone involved agrees.

“No-means-no-solution” is insufficient

The “no-means-no” solution proposed in the current revision is inadequate. According to this solution, victims would also have to explain and explain in the future whether and to what extent they have refused a sexual act. With the “just-yes-means-yes solution”, the EKF wants to embark on a paradigm shift: the decisive question should be whether the victim has agreed or not.

The commission demands that the offense of rape in Swiss sexual criminal law be broadened. This should include all sexual assaults, regardless of whether the victim was coerced or not.

Gender-neutral definition required

In its consultation, the SFAO also calls for the term rape to be redefined in a gender-neutral way so that it encompasses every non-consensual intrusion into the body.

It is also important to the EKF that new sexual harassment be punished even if it takes place through pictures or on social media. However, the way society deals with sexual violence is still strongly influenced by stereotyped gender images. According to the SFAO, this is also evident in the formulations in sexual criminal law, why it strives for a consistently gender-neutral formulation in sexual criminal law.

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