Sexual acts with children
The criminal offense of sexual acts with children is defined in Article 187 of the Swiss Criminal Code .
Legal text
"1. Endangering the development of minors.
Sexual acts with children
1. Anyone who engages in sexual activity with a child under the age of 16
- it induces such an act or
- includes it in a sexual act,
is punished with imprisonment of up to five years or a fine.
2. The act is not punishable if the age difference between the parties is not more than three years.
3. If the perpetrator has not yet reached the age of 20 at the time of the act and if there are special circumstances or if the injured person has entered into marriage or a registered partnership with him, the competent authority can refrain from prosecution and referral to the court or refrain from punishment.
4. If the offender acted under the mistaken belief that the child was at least 16 years old, but could have avoided the error with due care, the penalty is imprisonment of up to three years or a fine. "
Objective criminal offense
- There must have been an act of a sexual nature.
- A person who was involved in the sexual act is under the age of 16.
punishment
The penalty for sexual act with children is imprisonment for up to five years or a fine.
If section 4 (misrepresentation) is applied, the penalty is a prison sentence of up to three years or a fine.
Exceptions
Not punishable:
- Age difference between sexual partners less than 3 years
The punishment can be waived:
- Perpetrator <20 years old and there are special circumstances (e.g. sincere love on both sides)
- when the sexual partners are married
Explanations
The law therefore forbids any kind of sexual act, whether coitus or other practices, with children under the age of 16. When considering criminal liability, it does not matter whether the sexual act was desired or brought about by the victim, only that it took place.
However, it has a very aggravating effect if the child did not agree to the actions: Then rape, sexual assault or other criminal offenses may also be present.
With the exceptions that are defined in the law, criminalization of sexual acts between young people in love or between very young married people is prevented and today's reality is taken into account.
If the perpetrator believed that the victim was at least 16 years old, then number 4 comes into play. If the offender could have noticed his mistake with "due caution", the maximum penalty is imprisonment of up to 3 years and not up to 5 years.
No limitation period
Article 123b of the Federal Constitution, which came into force on November 30, 2008, stipulates: “The prosecution of sexual or pornographic offenses against children before puberty and the punishment for such offenses are not subject to a statute of limitations.” The article that came into force on January 1, 2013 also determines 101 of the Criminal Code (StGB) in paragraph 1 letter e that there is no statute of limitations for: “Sexual acts with children (Art. 187 No. 1), sexual coercion (Art. 189), rape (Art. 190), desecration (Art. 191), sexual acts with prison inmates, prisoners, accused (Art. 192, Paragraph 1) and exploitation of the emergency (Art. 193, Paragraph 1) if they were committed on children under the age of 12. "
