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This form of intimate partner violence includes humiliation, forced sexual contact, rape, and other sexual acts. Sexual abuse is the most hidden form of intimate partner violence, and yet it isn’t uncommon. It affects victims when they are at their most vulnerable and, as a result, most people are ashamed to talk about it.
When someone is sexually assaulted, they are often in a state of shock. This can cause both physical paralysis (inability to move) and mental paralysis (inability to scream).
• Sexual harassment
• Forcing the victim to watch pornographic materials
• Forcing the victim to wear certain accessories or carry out fantasies
• Forcing the victim to pose for photos or videos
• Forcing the victim to perform unwanted sexual acts such as sodomy or fellatio
• Humiliating the victim during sex such as name-calling, insults, use of household objects or putting them in degrading positions
• Physical assault during sex that includes biting breasts, pulling nipples, violent penetration, hitting and tying up
• In any way coercing the victim - by force, threats, sulking, gift-giving,- to perform sexual acts
• Rape or attempted rape
• Forcing the victim to perform sexual acts with other people
• Forcing the victim into prostitution
In any sexual relationship, it is the responsibility of each person to make sure that the other person has given consent.
Consent is defined as giving agreement to perform an act. It can be given and withdrawn at any time. The absence of a 'no' is not an indication of the other person's consent. It is therefore important to ensure that a person is giving consent by asking them directly, for example.
It is not consent if a person:
• gives in under pressure
• gives in because of threats
• gives in because of a dependent relationship
In the event of a sexual assault, the victim is advised to go to the local hospital as soon as possible, without taking a bath or shower, and either wearing or carrying in a paper bag the clothes worn during the assault. At the hospital, the victim will receive appropriate treatment to prevent the transmission of HIV and other sexually transmitted infections. To avoid contracting HIV, it is important for the victim to see a doctor within 48 hours of the assault to ensure that the treatment is effective. They may also receive emergency contraception to prevent unwanted pregnancy and follow-up care for their physical and mental health.
In the emergency room, the victim can choose between two options. The first option is medical treatment only. In this case, the victim is treated for their injuries without evidence being collected for possible legal action. The second option is a forensic report. This includes medical care as well as a thorough examination to document the injuries and potential evidence that can be used in an investigation or trial, whether or not the victim decides to file a complaint.
All reports of sexual assault are kept confidential and are handled by trained professionals. Any procedure will only take place with the victim's consent. The victim can interrupt or stop the process at any time. The report of a sexual assault is made by a forensic doctor within 7 days of the incident. After these 7 days, the report is made without a forensic doctor. The cost of reporting a sexual assault may be covered by the victim's health insurance or by the LAVI.
Treatment for sexual assault is urgent. If the victim does not seek emergency treatment at the time, they can always talk about it or seek help when they feel ready. Sexual health centres are also there to help and answer your questions. To find a centre near you: directory here.
As of 1 July 2024, the law on sexual violence has changed.
The law now defines rape as any sexual act involving penetration of a person's body, against their will, by threat, violence, psychological pressure or by taking advantage of their state of shock (art. 190 Swiss Criminal Code). The law also recognises that any sexual act imposed on a person against their will, by threat, violence or by taking advantage of their state of shock, constitutes sexual abuse and indecent assault (art. 189 Swiss Criminal Code).
The new criminal law also introduces provisions against behaviour such as "stealthing", which consists of removing a condom or failing to use one without the consent of one's partner. Similarly, "revenge porn", i.e. the distribution of sexual content to a third party without the consent of the person concerned, is now punishable on the basis of a complaint (art. 197a Swiss Criminal Code).
Thanks to this legislative change, the principle of "No means no" has now been incorporated. This means that the law no longer confines itself to violence and force to define sexual assault or rape. It also recognises the victim's refusal and the possibility that they may be too shocked to react and defend themselves. In addition, the new law stipulates that rape involves penetration of the body, regardless of the person's sex. This change in perspective means that anyone can be recognised as a victim of rape.
