Acquittal overturned Man forces woman to have sadomasochistic sex - Federal Court finds her guilty
The Federal Supreme Court has found a man guilty of simple assault, sexual assault and rape in the context of sadomasochistic sex practices. The man did not secure the consent of his partner.
19.11.2025, 12:00
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- The Federal Court has convicted a man of assault, sexual assault and rape because he did not obtain his partner's consent again before engaging in sadomasochistic acts.
- It made it clear that previous consent is not permanent and that consent cannot be inferred from old messages or previous behavior.
- Following the overturning of the acquittal by the Federal Court, the Fribourg Cantonal Court must now set a new sentence.
The Federal Court has found a man guilty of simple assault, sexual assault and rape in the context of sadomasochistic sex practices. The man did not secure the consent of his partner after they had had sex six months previously.
In a ruling published on Wednesday, the Federal Supreme Court overturned the acquittal of the man by the cantonal court of Fribourg. By not asking his partner six months after their last encounter in June 2021 whether she would consent to sadomasochistic sex practices again, he had accepted a possible refusal.
Due to the woman's consent to the sadomasochistic practices in the summer, the convicted man should not have automatically assumed consent again at the meeting in the winter of the same year.
No clear messages
According to the court, this could also not be inferred from the text messages sent by the woman shortly before the meeting in December. Furthermore, the woman retained the right to change her mind at any time. The man and the woman had not agreed on a framework for the meeting in December.
The court of the Saane district of the canton of Fribourg sentenced the man to a conditional prison sentence of 24 months and a conditional fine of 60 daily rates in 2023 in connection with the meeting in December. The Fribourg cantonal court acquitted him in 2024. Following the overturning of the acquittal by the Federal Supreme Court, the cantonal court will have to redetermine the sentence.
