The lower house of the Swiss parliament on Monday considerably expanded the country’s very restrictive definition of rape, with Amnesty International hailing it as “a great success”. Under current law, only forced vaginal penetration, accompanied by some degree of resistance from the woman, is considered rape.
There is consensus that the definition of rape should include any penetration without consent, regardless of the gender and level of resistance of the victim.
But there were heated debates in Switzerland about how to measure consent. Some advocate a “no means no” approach, whereby a violation would occur if a person explicitly opposed penetration. The upper house of parliament, the Council of States, already voted in this direction this year.
“The body of the other is never an open bar”
But when the National Council (the lower house) voted on Monday, it opted for a broader definition, which requires explicit consent for sexual acts.
The option “Only yes is yes” was approved by a narrow margin with 99 votes in favor, 88 against and three abstentions, in an electrifying atmosphere.
“It goes without saying that you don’t take money out of your neighbor’s wallet without asking. It goes without saying that you don’t enter anyone’s house without ringing the bell. Why would my wallet and my house be better protected than my body.” ?” questioned the socialist deputy Tamara Funiciello.
“The other’s body is never an open bar. Before having a moment of sexual intercourse, you must ensure the consent of your partner”, the Green Raphaël Mahaim abounded.
Many right-wing elected officials have fought the “yes, is yes” option, saying it would create confusion and be difficult to enforce.
Both chambers will have to find a compromise before the process can continue. This done, the issue will probably be put to a popular vote, as the Swiss system of direct democracy allows.
Source: BFM TV
