« In Switzerland, the perpetrator of a rape is considered to be “the person who has forced a female person to undergo the sexual act”. In other words, a man who is sodomized against his will or a woman who is the victim of vaginal penetration with an object cannot file a complaint for rape. »

« In both cases, it is only a matter of sexual coercion, an act punished less severely by the law. Although both offences are punishable by up to ten years’ imprisonment, the minimum sentence of one year’s imprisonment is only applied in the case of rape. »

« In the 19th century, the French-speaking cantons applied the concept of “rape” to both sexes. Later, however, the Germanic tradition became established throughout Switzerland. »

Source : https://www.swissinfo.ch/fre/societe/droit-p%C3%A9nal_en-suisse–les-hommes-ne-peuvent-pas-%C3%AAtre-victimes-de-viol-/44396496

11 comments

  3. kind of related: my memory is a bit foggy but I believe in Switzerland, it also only classifies as rape (= punishable) if actual force and violence was used. it’s not enough if the victim only verbally says no and tells the attacker to stop.

    so if the attacker doesn’t have to use violence because the victim doesn’t physically defend themselves (e.g. because they’re too scared of getting beat up or even killed), it’s not punishable.

    Edit: source https://www.srf.ch/news/schweiz/kritik-wird-groesser-nein-sagen-genuegt-bei-einer-vergewaltigung-nicht

    Edit2:
    > If the victim doesn’t do more than saying no, the attacker doesn’t have to oblige

    this sentence makes me sick

  4. What’s included in the legal definition of rape in Switzerland is very limited. A woman who is sodomised against her will isn’t raped either. It has to be vaginal sex to be considered as rape.

    So it’s indeed an archaic take (if it can’t lead to procreation, it isn’t real sex and virginity is holy as hell). But it is more weirdly specific than unfair towards men, especially since these other sexual acts are punished in a similar way than rapes..

    In my opinion, in France the problem is kind of the opposite. Any forced penetration is now considered as rape. Having your dick sucked by surprise? Rape. An OBgyn not warning you before inserting some medical device in your vagina? Rape. I also find it quite weird that acts that are so different are all legally the same crime.

  7. That law is seems to be straight from the Middle-Age. I hear some lobbies are trying to get it updated to more current standards but it seems unsuccessful so far.
    I heard testimonies of assaulted men to whom the justice system said “legally speaking you haven’t been raped, but we understand the inconvenience you went through”. Kinda revolting.

  8. Legally speaking, a man has a harder time to get widow rent than a woman. Legally speaking, a man has to go either in military service or pay an additional tax (or as I call it, the “penis tax”. Retirement age changef just a few months ago. Legally speaking, a man has harder time in court regarding everything with child custody and divorce. And what you said, legally speaking a man cannot be raped.

    Legally speaking, Switzerland discriminates men.

  10. I do think terminology is part of the problem. Yes, Art. 190 specifically mentions women, and carries a maximum sentence of 10 years. However, the very next article, Art. 191, does not specifically mention women, does not restrict itself to sexual intercourse, and also carries a maximum sentence of 10 years.

    People get hung up on the specific term “rape”, but that doesn’t mean that other forms of sexual assault go unpunished, or even that they are subject to lesser punishment.

  11. Sadly only a few of many examples, where men are only considered second class humans or cannon fodder. For sure a topic that will give me a chance to ramble for many more years

    Recently there was a analysis on reddit where the survival rate of titanic survivors was shown. Even lowest-class women had a better survival rate than first class men (and some children IIRC) as they were/are considered dispensable. My impression is that to this day this has only improved partially – at least something.. men aren’t left to drown anymore (yay). But men are still seen as replaceable and they they fill the glassfloor (in contrast to the glassceiling). Society should be able to at least mutter a thank you for a start.

    Society doesn’t even show recognition in a half-assed way for international mens day. Such days should be equalit represented.. or people should ditch these alltoghether. It’s a message to society and the affected gender after all.

    You can often even see how far men issues come up in threads or public talks, where some people (of both genders btw) act like this shouldn’t be talked about because it is somehow a threat to women issues. Equality is not a competition…

    Maybe one day society will understand real equality that benefits both sides can be reached. And should be a goal for everyone.

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