Main offences in the Swiss Criminal Code constituting victim status under LAVI
Assault
Serious assault → Art. 122
Any person who wilfully:
a inflicts a life-threatening injury on another;
b inflicts a serious injury on the person, or on an important organ or limb of another, makes an important organ or limb unusable, makes another permanently unfit for work, infirm or mentally ill, or who disfigures the face of another badly and permanently;
c causes any other serious damage to the person or to the physical or mental health of another
is punishable by a term of imprisonment of one to ten years.
Common assault → Art. 123
1 Any person who wilfully causes injury to the person or the health of another in any other way shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.
2 The offender shall be prosecuted ex officio,
if he uses poison, a weapon or a dangerous object,
if he commits the act on a person, and in particular on a child, who is unable to defend himself, or is under his protection or in his care,
if he is the spouse of the victim and the act was committed during the marriage or up to one year after divorce,
if he is the registered partner of the victim and the offence was committed during the period of the registered partnership or up to a year after its dissolution, or
if he is the heterosexual or homosexual partner of the victim provided they have at any time cohabited and the act was committed at that time or up to one year after separation.
Female genital mutilation → Art. 124
1 Any person who mutilates the genitals of a female person, impairs their natural function seriously and permanently or damages them in some other way shall be liable to a custodial sentence of from six months to ten years or to a monetary penalty.
2 Any person who has committed the offence abroad but is now in Switzerland and is not extradited shall be liable to the foregoing penalties. Article 7 paragraphs 4 and 5 apply.
Assault through negligence → Art. 125
1 Any person who causes injury to the person or the health of another through negligence shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.
2 If the injury is serious, the offender shall be prosecuted ex officio.
Acts of aggression* → Art. 126
1 Any person who commits acts of aggression against another that do not cause any injury to the person or health shall be liable on complaint to a fine.
2 The offender is prosecuted ex officio if he commits the offence repeatedly:
a on a person under his protection or in his care, and in particular on a child;
b on his spouse during the marriage or up to a year after divorce; or
b bis on his registered partner during the period of the registered partnership or up to a year after its dissolution; or
c on his heterosexual or homosexual partner provided they have at any time cohabited and the act was committed at that time or up to one year after separation.
* Only a person who has repeatedly suffered acts of aggression has the victim status under LAVI.
Felonies and misdemeanours against liberty
Threatening behaviour → Art. 180
1 Any person who places another in a state of fear and alarm by making a serious threat shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.
2 The offender is prosecuted ex officio if he:
a is the spouse of the victim and the threat was made during the marriage or within one year of divorce; or
a bis is the registered partner of the victim and the threat was made during the registered partnership or within one year of its dissolution; or
b is the heterosexual or homosexual partner of the victim, provided they are cohabiting for an unlimited period and the threat was made during this time or within one year of separation.
Coercion → Art. 181
Any person who, by the use of force or the threat of serious detriment or other restriction of another's freedom to act compels another to carry out an act, to fail to carry out an act or to tolerate an act, shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Offences against sexual integrity
Sexual acts with children → Art. 187
1 Any person who engages in a sexual act with a child under 16 years of age, or,
incites a child to commit such an act, or
involves a child in a such an act,
shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.
1 bis If the child is under the age of 12 and if the offender engages in a sexual act with the child or causes the child to engage in a sexual act with another person or with an animal, a custodial sentence of between one and five years shall be imposed.
2 No penalty may be imposed if the difference in age between the persons involved does not exceed three years.
3 If the offender has not reached the age of 20 at the time of the act or the first of the acts, and if there are special circumstances, the responsible authority may dispense with prosecution, referral to court or the imposition of a penalty.
4 If the offender acts under the misconception that the child is 16 years of age or older, but they would not have made this error had they exercised due care, a custodial sentence not exceeding three years or a monetary penalty shall be imposed.
Sexual acts with dependent persons → Art. 188
Any person who commits a sexual act by exploiting his or her relationship with a minor of at least 16 years of age who is dependent on them due to a relationship arising from the minor's education, care or employment or another form of dependent relationship,
any person who encourages such a minor to commit a sexual act by exploiting such a relationship,
shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.
Sexual abuse and indecent assault → Art. 189
1 Any person who, against the will of another person, performs a sexual act on that person or has that person perform such an act on them or who exploits that person’s state of shock to that end shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
2 Any person who uses threats, force or psychological pressure on another person or makes that other person incapable of resistance in order to compel that person to carry out or tolerate a sexual act shall be liable to a custodial sentence not exceeding ten years or to a monetary penalty.
3 If the offender acts with cruelty, and if in particular they make use of an offensive weapon or any other dangerous object, the penalty is a custodial sentence of not less than one year.
Rape → Art. 190
1 Any person who, against the will of another person, has sexual intercourse with that person, commits an act with that person similar to sexual intercourse involving penetration of the body, or who has that person perform such an act or who exploits that person’s state of shock to that end shall be liable to a custodial sentence not exceeding five years.
2 Any person who forces another person to engage in or tolerate sexual intercourse or an act similar to sexual intercourse involving penetration of the body by using threats or violence, psychological pressure or by being made incapable of resistance shall be liable to a custodial sentence of from one to ten years.
3 If the offender in paragraph 2 acts with cruelty, and if they make use of an offensive weapon or any other dangerous object, the penalty shall be a custodial sentence of not less than three years.
Abuse of persons incapable of proper judgement or resistance → Art. 191
Any person who has sexual intercourse with, or commits an act similar to sexual intercourse or any other sexual act with a person who is incapable of proper judgement or resistance shall be liable to a custodial sentence not exceeding ten years or to a monetary penalty.
Exploitation of a person in a position of need or dependency → Art. 193
Any person who induces another to commit or submit to a sexual act by exploiting a position of need or a dependent relationship based on employment or another dependent relationship shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Deception as to the sexual character of an act → Art. 193a
Any person who, in exercising a professional or organised extra-professional activity in the health sector, performs a sexual act on a person or has a person perform a sexual act on them and deceives them as to the nature of the act or exploits their misconception about the nature of the act shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.
Indecent conduct → Art. 194
1 Any person who engages in an act of indecent conduct shall be liable on complaint to a fine.
2 In serious cases, a monetary penalty shall be imposed. The offence shall be prosecuted on complaint.
3 If the accused undergoes medical treatment as ordered by the competent authority, the criminal proceedings shall be discontinued.
Encouraging prostitution → Art. 195
Any person who:
a induces a minor into prostitution or encourages a minor to engage in prostitution with the intention of securing a financial advantage,
b induces a person into prostitution by exploiting that person’s dependency or with the intention of securing a financial advantage,
c restricts the freedom to act of a prostitute by supervising them in the course of their activities or by exercising control over the location, time, volume or other aspects of their work as a prostitute or,
d makes a person remain a prostitute against their will,
shall be liable to a custodial sentence not exceeding ten years or to a monetary penalty.
Sexual acts with minors against payment → Art. 196
Any person who carries out sexual acts with a minor or induces a minor to carry out such acts and who makes or promises payment in return shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Pornography → Art. 197
1 Any person who offers, shows, passes on or makes accessible to a person under the age of 16 pornographic documents, sound or visual recordings, depictions or other items of a similar nature or pornographic performances, or broadcasts any of the same on radio or television shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
2 Any person who exhibits in public items or recordings as described in paragraph 1 above or shows or otherwise offers the same unsolicited to others shall be liable to a fine. Any person who, in advance, draws the attention of visitors to private exhibitions or performances to their pornographic character does not commit an offence.
3 Any person who recruits or causes a minor to participate in a pornographic performance shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
4 Any person who produces, imports, stores, markets, advertises, exhibits, offers, shows, passes on or makes accessible to others, acquires, or procures or possesses via electronic media or otherwise items or recordings as described in paragraph 1 above that contain sexual acts involving animals or non-genuine sexual acts with minors shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. If the items or recordings contain genuine sexual acts with minors, the penalty is a custodial sentence not exceeding five years or a monetary penalty.
5 Any person who consumes or who for their own consumption produces, imports, stores, acquires or procures or possesses via electronic media or otherwise items or recordings as described in paragraph 1 above that contain sexual acts involving animals or non-genuine sexual acts with minors shall be liable to a custodial sentence not exceeding one year or to a monetary penalty.
If the items or recordings contain genuine sexual acts with minors, a custodial sentence not exceeding three years or a monetary penalty shall be imposed.
6 In the case of offences under paragraphs 4 and 5, the items shall be forfeited.
8 Any person who produces, possesses or consumes items or recordings as described in paragraph 1 above involving a minor or makes such items or recordings accessible to the person shown shall not commit an offence provided:
a the minor has consented;
b the person producing the image or performance does not make or promise to make any payment therefor; and
c the difference in age between the participants does not exceed three years.
8 bis It shall not be an offence for a minor to produce, possess or consume items or recordings as described in paragraph 1 or to make the same accessible to another person with that person’s consent. The person who makes these items or recordings accessible shall not commit an offence by possessing and consuming them provided:
a they do not make or promise to make payment therefor;
b the participants know each other; and
c the participants are adults or, if at least one of them is a minor, the difference in age between them does not exceed three years.
9 Items or recordings as described in paragraphs 1–5 above are not regarded as pornographic if they have a cultural or scientific value that justifies their protection by law.
Contravention against sexual integrity
Sexual harassment → Art. 198
1 Any person who causes offence by performing a sexual act in the presence of another who does not expect it,
any person who sexually harasses another physically or through the use of indecent language, writings or images
shall be liable on complaint to a fine.
2 The competent authority may require the person concerned to attend a course. If they complete the required course successfully, the proceedings shall be discontinued.
3 The competent authority shall decide on the procedural costs and on any claims made by the civil party.
Suspension and abandonment of proceedings
Spouse, registered partner or life partner as victim → Art. 55a
1 In a case of common assault (Art. 123 no 2 para. 3–5), repeated acts of aggression (Art. 126 para. 2 let. b, bbis and c), threatening behaviour (Art. 180 para. 2) and coercion (Art. 181), the public prosecutor or the court may suspend the proceedings if:
a the victim:
1 is the spouse of the offender and the offence was committed during the marriage or within a year of divorce, or
2 is the registered partner of the offender and the offence was committed during the registered partnership or within a year of its dissolution, or
3 is the hetero- or homosexual partner of the offender or the ex-partner of the offender if they have been separated for less than a year; and
b the victim or, if he or she lacks legal capacity, his or her legal representative requests this to be done; and
c suspension appears appropriate in order to stabilise or improve the victim’s situation.
2 The public prosecutor or the court may during the period of suspension require the accused to attend a course on violence prevention. The public prosecutor or the court shall notify the authority or organisation competent under cantonal law for matters relating to domestic violence about the measures taken.
3 Suspension is not permitted if:
a the accused has been convicted of a felony or misdemeanour against life and limb, against liberty, or against sexual integrity;
b he or she has received a sentence or been made subject to a measure; and
c the victim of the offence is a person listed in paragraph 1 letter a.
4 Suspension is limited to six months. The public prosecutor or the court shall resume the proceedings if the victim or, if he or she lacks legal capacity, his or her legal representative requests this to be done or it transpires that the suspension has neither stabilised nor improved the victim’s situation.
5 Before the suspension ends, the public prosecutor or the court shall conduct an assessment. If the victim’s situation has stabilised or improved, it shall order the abandonment of the proceedings.