Non-consensual sex in Swiss criminal law: why such «resistance»? (Part 1)

Non-consensual sex in Swiss criminal law: why such «resistance»? (Part 1)

Contents

• I. Introduction
• II. The appeal of civil society: when the victims' word paints the other reality of rape
  • 1. Denouncing
  • stereotypes
  • 2. Imposing and formulating a reform of sexual criminal law

• III. The practice of sexual criminal law is dependent on normative representations of sexuality and consent, at the same time as it (re)produces them

  • 1. Rape is not only non-consensual penile-vaginal penetrationvaginal

  penetration

  • 2. The legal definitions of sexual coercion and rape are not explicitly based on the infringement of the victim's free and unequivocal consent
    • a) Current Swiss law is based on an overly narrow and preferably physical conception of coercion in rape
    • b) Physical resistance has become the criterion for determining coercion and proof of the victim's lack of consent
    • c) The victim's (verbal) refusal to consent is only taken into account when it is performed