‘Rape of short duration’ is absurd, says Swiss court

Duration of a rape is never to be judged in favour of the perpetrator Keystone-SDA

The duration of a rape must never be taken into account in favour of the perpetrator when sentencing. This was emphasised by the Swiss Federal Court in a case from canton Valais published on Tuesday.

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However, it can certainly have an aggravating effect on the perpetrator’s guilt if the length of the crime indicates “increased criminal energy”.

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The Federal Court rejected the appeal of a Portuguese man. He argued that the Valais cantonal court should have assessed his guilt more leniently when sentencing him due to the short duration of the crime.

The highest Swiss court held that the term “rape of short duration” was an absurdity. The violation of the protected legal interest is caused from the first moment of the sexual act.

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In 2023 the perpetrator overpowered a woman who was on her way home. The lower court sentenced him to 42 months’ imprisonment. It also issued an expulsion order for ten years.

Translated from German by DeepL/ts

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