Federal Court Duration of a rape is never to be assessed in favor of the perpetrator

The duration of a rape may never be taken into account in favor of the perpetrator when sentencing. This was emphasized by the Federal Supreme Court in a case from the canton of Valais published on Tuesday.

Conversely, it can certainly have an aggravating effect on the perpetrator's guilt if the length of the crime indicates increased criminal energy.

The Federal Supreme Court rejected the appeal of a Portuguese man. He argued that the Valais cantonal court should have assessed his guilt more leniently when sentencing him due to the short duration of the crime.

The highest Swiss court ruled that the term "rape of short duration" was an absurdity. The violation of the protected legal interest is caused from the first moment of the sexual act.

In 2023, the perpetrator overpowered a woman who was on her way home. The lower court sentenced him to 42 months' imprisonment. It also issued an expulsion order for ten years.