Laws From today, the principle "No means no" applies to sex
From today, Monday, the principle "No means no" will apply to sex with the entry into force of the revised Sexual Offenses Act. With the amendment to the law, Parliament has extended the existing offenses of rape and sexual assault.
01.07.2024, 04:31
SDA
Rape, sexual assault or sexual coercion are now deemed to have occurred if the victim has expressed with words, gestures or by freezing that they do not consent to the act. If a victim does not express their refusal verbally due to a state of shock, this is also considered a "no".
Previously, rape or sexual assault was only deemed to have occurred if the perpetrator had threatened the victim or used violence. This requirement no longer applies.
Furthermore, the offense of rape now includes not only intercourse against the will of the victim, but also "acts similar to intercourse" that involve penetration of the body. According to the Federal Council, this would mean that significantly more sexual acts would be considered rape.
From now on, so-called stealthing will also be a punishable offense: this offense is committed during consensual sex if one person involved secretly removes the condom without the prior consent of the other person or does not use one from the outset.
In addition, people who are accused of having sexually assaulted someone can now be obliged to take part in a learning program. However, perpetrators of certain offenses could already be obliged to take part in such a program in the interests of prevention.
Cybergrooming excluded from revision
Parliament passed the revised criminal law on sexual offenses in June 2023. There was particular controversy as to whether "no means no" or "yes means yes" should be chosen. According to this principle, sexual acts should only have taken place with the express consent of those involved.
There was also controversy as to whether cybergrooming should be explicitly criminalized - i.e. initiating contact with under 16-year-olds with the intention of committing a sexual offence. Parliament ultimately decided not to include such a passage.
The responsible committee of the Council of States, which prevailed on this point, had cited demarcation problems. It had also argued that the current legal framework was sufficient to punish acts of this kind. The National Council had previously wanted to criminalize cybergrooming, but then tacitly agreed with the Council of States.
