Understanding Rape Under Article 190 of the Swiss Criminal Code: before July 2024 and as of July 2024
Understanding the legal definition of rape under Swiss law is crucial for anyone facing such allegations. Until July 2024, art. 190 of the Swiss Criminal Code defined rape as an act where a woman was forced to submit to sexual intercourse through threats, violence, psychological pressure, or by being made incapable of resisting. As of July 2024, the crime of rape is now gender-neutral in the sense that the perpetrator and/or the victim may either be female or male, and it now includes not only sexual intercourse against the will of the victim, but also “acts similar to sexual intercourse” that involve physical penetration.
In Switzerland, the penalties for rape are severe, reflecting the seriousness with which the Swiss legal system views this crime. Those found guilty of rape for acts perpetrated before July 2024 can face a prison sentence ranging from one to ten years. Those found guilty of rape for acts perpetrated from July 2024 onward can face a prison sentence up to five years, and between one and ten years when violence or duress was used. A monetary penalty may also be imposed.
Representing individuals falsely or wrongly accused of rape in Geneva, Switzerland, requires a nuanced and meticulous approach. The stigma and severe consequences associated with rape allegations necessitate a robust defense strategy to protect the rights and reputations of the accused. In such cases, it is imperative to act swiftly to gather evidence, secure witness testimonies, and analyze the victim's version and the prosecution’s case to identify inconsistencies and weaknesses.
A skilled criminal defense attorney in Geneva plays a crucial role in navigating these complex legal waters. They must be adept at scrutinizing every detail of the case, from the initial police report to the forensic evidence presented. The attorney's objective is to demonstrate the innocence of the accused by highlighting procedural errors, uncovering exculpatory evidence, and ensuring that the accused’s rights are upheld throughout the judicial process.
Moreover, the personal and emotional toll on individuals falsely accused of rape can be overwhelming. The support of a compassionate and experienced defense attorney is essential in managing not only the legal aspects but also the personal repercussions of such accusations. A dedicated attorney will work tirelessly to restore the accused’s reputation and mitigate the impact on their personal and professional lives, striving for the best possible outcome in the face of such serious allegations.
As a former prosecutor, Shayan Farhad can expertly represent you if you find yourself falsely or wrongly accused of rape.
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