
The lower house of the Swiss parliament on Monday significantly expanded the extremely restrictive definition of rape, in what Amnesty International called a “huge success”, AFP reported.
According to the current legislation, only forced vaginal penetration accompanied by a certain degree of resistance on the part of the woman is considered rape.
There is consensus that the definition of rape should include any penetration without consent, regardless of the victim’s gender and degree of resistance.
But there is a heated debate in Switzerland about how to measure consent.
Some advocate a “no means no” approach, whereby rape is presumed to have occurred if the person clearly objects to the penetration. The upper house of parliament, the State Council, has already voted for it this year.
But when the National Council – the lower house – voted on Monday, it opted for a broader definition, requiring explicit consent for sexual acts.
The option “yes means only yes” passed the limit with 99 votes for, 88 against and three abstentions in a tense atmosphere.
“It is clear that you cannot take money from a neighbor’s wallet without asking. It goes without saying that you cannot enter someone’s house without calling. Why should my wallet and home be better protected than my body?”, said the deputies, defending this principle.
Green MEP Raphael Mahaim agreed: “Another’s body is never an open bar. Before you have a sexual moment, you have to make sure that your partner consents.”
Many right-wing politicians opposed the “yes means yes” option, saying it would create confusion and be difficult to enforce.
The Swiss branch of Amnesty International called Monday’s vote “a great success after years of political activism by those who defend the rights of women and victims of sexual violence.”
Both chambers will have to find a compromise before the process can continue. Once that is done, the issue will likely be put to a popular vote, as Switzerland’s system of direct democracy allows.
Several European countries have changed the definition of rape as sexual violence without explicit consent, including Spain, Sweden, Denmark and Belgium.
Source: Hot News

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