Sexual violence

There is NO free consent if :

• consent was not obtained: the person said NO

• consent is invalid:

  • the person is a child under the age of 16

  • the person has given in out of fear (threats, strikes, climate of terror, etc.)

  • the person is in a state of weakness (distress, disability, senility, etc.)

  • the person is dependent on the perpetrator (boss, teacher, doctor, shrink, priest…)

  • the person’s consciousness has been altered (by drugs, alcohol, medication, etc.)

Source : Sexual violence against women, what can we do? Violence is unacceptable, pp. 9 and 11
              brochure published in 2001 and reissued in 2010 by:
                – Service for the promotion of equality between men and women, State of Geneva
                – Center LAVI (reception center based on the Law on Assistance to Crime Victims)
                – Association Viol-Secours.

There are three types of sexual violence:

• with penetration or attempted penetration (1)

• with body contact (2)

• without body contact (3)

1. vaginal, anal, oral – by penis, fingers, object (rape, sodomy, fellatio, sexual coercion)
      

2. touching, caressing, forced kissing, forced masturbation of the aggressor, obligation to assume degrading positions
      

3. exhibitionism, voyeurism, coercion to look at pornographic material, pornographic e-mails, sexual harassment, including sexual telephone calls, obscene words and gestures, vulgar remarks, sexist insults, unwelcome sexual proposals, filming or broadcasting images without the user’s knowledge, etc.
              

Sexual violence under the LAW :

Each of these forms of sexual violence, including those committed against a wife by her partner (marital rape), are prohibited and punishable under the penal codes of various countries, including Switzerland:
– sexual violence of types (1) and (2) are prosecuted ex officio (with or without a complaint).
– sexual violence of type (3) is prosecuted either ex officio or on complaint, depending on the seriousness of the offence.

Source: idem, pp. 9-10 (summary)
   

Other forms of sexual violence

• Forced child marriages

• Child trafficking

Source: WHO – World report on violence and health: summary, 2002, p.13