Sexualized violence is any unwanted transgressive behavior with a sexual reference. This includes:
Sexual acts can be forced in different ways. Physical force does not always have to be used. Sometimes the threat of violence or sanctions is enough. In the event of attempted rape, the victims are often in a state of shock, afraid and unable to defend themselves.
The experience of sexual violence is drastic and often traumatic. It is an attack on the personality and dignity of the person affected and can lead to restrictions in various areas of life. Often many things no longer seem the same as before.
Possible psychological consequences can include
It can often take a long time for existing symptoms to subside and for those affected to become more stable again and to integrate the experience of violence.
What is trauma?
Trauma can occur when a person is unexpectedly overwhelmed by an external threat that is either subjectively classified as life-threatening and/or considered so bad that the mental and physical pain cannot be endured.
A rape or sexual assault is always an extraordinary and traumatic event. The consequences for the victims are serious. It is often not easy for victims to go to the police. A report does not have to be made immediately after the crime. The decision to press charges lies solely with the victim.
New: Changes with the reform of sexual criminal law as of July 1, 2024
As of July 1, 2024, significant changes in sexual criminal law will come into force. A clear “no” is now enough to report a sexual assault or coercion. Unauthorized forwarding of non-public sexual content is also severely punished.
A few important changes at first glance:
A sexual offense (sexual assault, sexual coercion, rape) now already exists,
if the person concerned shows the perpetrator by words or gestures that he or she does not consent to
the sexual act and the perpetrator intentionally disregards
the expressed will of the person concerned.
The principle is always: “No means no!”
– In words: I don’t want to, stop, stop!
– or with signals: Pushing away, shoving, turning away
– or with freezing/shock paralysis.
Taking advantage of a state of shock means the same as
“violating the will of a person”.
Sexual assault and sexual coercion:
A sexual act that the person affected by violence does not want is a punishable offence
(sexual assault).
If this is accompanied by threats or violence, it is referred to as sexual coercion.
The
person affected by violence does not have to actively defend themselves against this.
The resistance no longer has to be
proven, but the “no” does.
The penalty for sexual assault is as follows: Imprisonment for up to three years or a fine.
In the case of sexual assault, the penalty remains up to 10 years imprisonment or a fine.
Rape:
If an act similar to coitus
is carried out against a person’s will or by taking advantage of a state of shock, with penetration of the person’s body, the perpetrator can be punished with up to five years’ imprisonment.
If violence is also used or the person is incapable of resisting, the
penalty is up to ten years.
The term rape now also applies to men.
Oral, anal and vaginal penetration are
treated equally.
Unauthorized forwarding of non-public sexual content:
Anyone who forwards non-public sexual content (e.g. images, audio recordings, chat history) to a third party without
the consent of the person identifiable therein is liable to a custodial sentence of up to one year or a monetary penalty (offence of application).
If the person committing the offence has made the content public, they are liable to a custodial sentence of up to three
years or a monetary penalty.
Would you like to know more about the content of the sexual offense law reform? Please contact us at:
Victim Support beider Basel
Steinengraben 5
CH-4051 Basel
Monday to Friday
8.30 – 12.00 and
from 13.30 – 16.30