What is self-defence? What means are available, and how should one act during an attack or threat of attack? We take a look with Tomasz Funck, holder of the Federal Certificate in Security and Surveillance and the Concordat on Security Companies, trainer of private security agents, and founder and operator, with federal authorisation, of a site spécialising in the sale of pepper sprays and other personal security products.
Self-defence
“The Swiss Penal Code, in Art. 15, provides that if any person is unlawfully attacked or threatened with imminent attack, the person attacked and any other person are entitled to ward off the attack by means that are reasonable in the circumstances; the same right belongs to third parties,” says Tomasz Funck, who stresses the issue of proportionality: “At the top of the pyramid is life, followed by physical integrity, liberty, honour, and finally property.” Therefore, one may use physical force or a pepper spray to fend off an attempted physical or sexual assault but not to defend one’s honour after an insult. Furthermore, the threat of an imminent attack must be objective. “It may be a person initiating non-consensual physical or sexual contact or showing an intent to harm by their gestures or by taking out a weapon or dangerous object. Other parameters, such as distance, the number of attackers, the number of people present, or the context, are also relevant,” he explains. He adds, “In any case, fleeing, as long as it is possible, remains the best defence.”
In any case, fleeing, as long as it is possible, remains the best defence.
The principles of proportionality (threat vs. means of defence) and opponent assessment (victim’s condition vs. assailant’s condition) require us to always use the minimum means necessary to repel an attack and stay safe. Legally, one should first try to repel the threat verbally (saying ’no’ or ’stop’) and flee, then, if the threat persists, push the person away with hands or arms and, if necessary, defend by striking or using pepper spray. “One cannot spray a burglar found in their home unless that person is threatening. But in most cases, they would flee immediately. The same goes for men being somewhat persistent, who generally stop when told no,” reassures the expert. Regarding opponent assessment, he illustrates: “An elderly person does not have the same rights as a martial arts champion, for instance. If both are attacked on the street by a young man of average build, the former may vigorously defend themselves, while the latter must moderate their efforts.”
Self-defence, as stipulated by the Swiss Penal Code, also applies to third parties. This means that a person who witnesses an imminent attack on another person can intervene to help by warding off the threat. “If two friends are out together and one of them experiences a sexual assault attempt, her friend can spray the man attempting to assault her,” explains Tomasz Funck.
In the event of an attack or attempted attack, victim(s) and/or witness(es) must alert 117 as soon as possible, without waiting for the situation to escalate.
However, once the imminent threat has passed, meaning the threatening person is neutralised or has fled, self-defence is no longer applicable. “Imagine a woman being assaulted in a car park and managing to push her attacker away, causing him to stumble and fall. She no longer has the right to use her pepper spray or kick him, as this would constitute excessive defence. Now consider another situation, where someone approaches me on the street, slaps me, and then walks away. I have no right to turn around and slap them back. Defence is legitimate only to repel the attack, never for revenge,” the expert adds. Excessive defence could, however, be excusable if the person found themselves in a state of excitement or shock caused by the assault (Art. 16 SCC).
In the event of an attack or attempted attack, victim(s) and/or witness(es) must alert 117 as soon as possible, without waiting for the situation to escalate. “People too often hesitate to call the police, thinking it’s ’not serious enough’, and sometimes it doesn’t even cross their mind,” observes Tomasz Funck, who believes it should be an automatic reflex.
Pepper sprays
In Switzerland, the acquisition and possession of OC (oleoresin capsicum), capsaicin, and PAVA (nonivamide) pepper sprays are permitted for persons aged eighteen and over. These products are regulated not by the Weapons Act (WA) but by the Chemicals Act (ChemA). They are available in specialised shops (gun shops, online retailers) and some pharmacies, with prices ranging from around twenty to seventy francs for more sophisticated models.
Considered an intermediate means of defence (between physical force and weapons), pepper sprays can neutralise an assailant without causing injury or medium- to long-term consequences.
“Pepper sprays are an effective means of defence and provide a sense of security,” says Tomasz Funck, who recommends them for people, both men and women, who feel vulnerable or who may be at risk, such as those who go out or work at night. He also warns against products that may be found abroad or from certain online sellers: “CS-type sprays – also known as tear gas – and, less commonly, CA, CR, or CN, are regulated under the Weapons Act and therefore strictly prohibited to private individuals without authorisation. As for items sold cheaply by certain online discounters, they can be dangerous due to potentially insufficient quality.”
Illustration of different spray types © DR
There are different types of sprays, each with its advantages and disadvantages. Fogging (brouillard) sprays allow you to reach the assailant(s) without needing to aim precisely, although there’s a risk of self-exposure to the cloud, particularly in confined indoor spaces or outdoors with a headwind. Thin jet and gel sprays allow (and require) more accurate targeting of the eyes, increasing effectiveness. They also allow spraying from a longer distance (up to three to four metres), and their low dispersion makes them particularly suited to indoor use, with less risk of the user being affected. Gel is slightly more aggressive than a thin jet. There are also foam (mousse) sprays, which have a broader stream than thin jet or gel sprays but are more precise than fogging sprays. Foam is more visible than simple aerosol or gel and provides additional adhesion to the assailant.
Items sold cheaply by certain online discounters can be dangerous due to potentially insufficient quality.
While pepper sprays come in various formats, some models also feature additional technologies, such as a sound alarm that can reach up to 130 dB when activated, UV markers that remain visible under UV light for several hours to several days, and even connected models that allow alerts (calls, SMS, and live geolocation) to predefined contacts. “I recommend the connected models, as they really provide a high level of protection,” says Tomasz Funck. “But the most important thing is to choose a model with a safety cap. This helps avoid accidental spraying when taking the item out of a pocket or bag.” He also advises keeping the spray within reach and holding it as soon as one feels a situation may become dangerous (for example, in a pocket or behind one’s back).
The connected pepper spray model Plegium Smart is one Tomasz Funck recommends for its comprehensive features.
When purchasing a pepper spray, it is important to seek advice from a specialist to select the most suitable device, receive information and tips on its use, and respect the product’s expiry date. “When someone buys a pepper spray from my site, I usually call them back to give advice. For example, I explain to my customers that the ideal distance for spraying is two to three meters, and I encourage them to issue a warning (’Stop, or I’ll spray!’) to deter the assailant and, if used, for legal protection,” explains Tomasz Funck, who recommends that those wishing to practice with a pepper spray buy a water-based training spray to familiarise themselves with the spray technique. It’s also essential to check regulations when preparing for travel abroad, as pepper sprays allowed in Switzerland may not be permitted in certain countries!
“Pepper sprays should neither be underestimated nor overestimated,” he adds. Some individuals may be more sensitive to them, particularly the elderly, people with respiratory problems, or children, while others may be less, or not at all, sensitive, naturally or under the influence of drugs or alcohol.
Finally, it’s crucial to know that in any situation where a person has used pepper spray, they have a duty to assist the sprayed individual. Once they are safe, they must immediately notify 117 (Police) and/or 144 (medical emergency), especially if symptoms are severe and/or persist.
“Having a pepper spray and an alarm button on hand offers a great sense of security and effective protection in case of an attack,” summarises Tomasz Funck © DR
Sound alarm button
Several types of alarm buttons are available on the market and can be used as a means of defence, ranging from the simplest (sound alarm emitting between 120 and 130 dB) to more sophisticated models (connected, alerting pre-defined contacts). Unlike pepper sprays, alarm buttons are not subject to specific regulations and may be purchased and used by minors. While Tomasz Funck advises against their use by young children, he recommends them for teenagers, for whom they can provide good protection due to their strong deterrent effect.
Essentially, an alarm button is a small object that can be attached to a bag or keyring and features a pin that, when pulled, emits a loud sound. While it does not directly protect against an attack, its deterrent effect is clear, as the alarm prompts the attacker to flee and alerts people nearby.
“Having a pepper spray and an alarm button on hand offers a great sense of security and effective protection in case of an attack,” says the expert.
GHB test
Tomasz Funck has developed a single-use test, whose reliability has been validated by the CHUV laboratory, which can detect the presence of GHB – also known as the date rape drug – in a drink. He recommends all women purchase these tests and carry them when going out. To use it, place a drop on each of the test’s two pads and wait a few seconds. If one turns blue, it is very likely that the drink contains the drug.
Don’t let a stranger help you; it could be the person who put the drug in your drink.
On his site, he also offers advice to people whose GHB test is positive: “If you’re with someone you trust, ask them to help you get home. However, be cautious about who you trust, as statistics indicate that 70% of victims know their attacker. If you’re alone or with a stranger, seek help from the responsible person or security service at the venue and ask them to help you. Wait while they contact someone trustworthy to pick you up. Don’t let a stranger help you; it could be the person who put the drug in your drink. Report the incident to the police as soon as possible. Most drugs used leave the body very quickly. The sooner you are tested, the more likely the drug is still in your system. If you suspect you may have been sexually assaulted while drugged, report it. If necessary, ask a friend to accompany you. Also, be sure to see your doctor or visit a clinic/hospital. Never forget the risk of sexually transmitted diseases.”
To protect against GHB, one can also use drink covers (such as drink watches or cup condoms) that prevent both spillage and tampering, which are washable and reusable. If these are not available, basic precautionary measures should be taken: never leave your drink unattended, and look out for your friends.
Prohibited and dangerous means of defence
It is strictly forbidden to use items regulated under the Weapons Act, which are reserved for the police and certain private security agents. These include firearms, tasers, tactical or telescopic batons, certain types of knives (automatic, butterfly, or throwing knives), or tear gas (CS, CA, etc.). Other items, while not regulated, can also be seized preventatively by the police if deemed dangerous. “If someone tries to enter a football stadium with a kitchen knife or a baseball bat, that’s considered unjustified possession, and the item will be seized,” illustrates Tomasz Funck.
Regarding knives, the expert warns people who may be tempted to use them for self-defence: “Never pull out a knife with the intent to defend yourself. It could be turned against the victim or fatally injure the assailant!”
I emphasise the importance of adopting the right attitude, being wary of strangers, being alert to any warning signs, and anticipating situations that could escalate as much as possible. It’s not about becoming paranoid but about being prudent and showing solidarity.
Self-defence classes
There are many self-defence courses and workshops available, using various techniques and disciplines. “There’s good to be found everywhere,” says Tomasz Funck. “These courses can provide good basic skills and boost confidence, but one should not overestimate their abilities and believe they can defeat any opponent. Again, you will learn that the best defence is still to flee.”
“In conclusion, all security measures are complementary, and I emphasise the importance of adopting the right attitude, being wary of strangers, being alert to any warning signs, and anticipating situations that could escalate as much as possible. It’s not about becoming paranoid but about being prudent and showing solidarity.” Thanks to Tomasz Funck for his valuable advice.