Consent refers to the active, voluntary and revocable agreement of all those involved to a sexual act. The concept has been given explicit meaning for the first time in Swiss sexual criminal law with the 2024 revision.
Consent is not considered to exist if the person:
- cannot consent (sleep, unconsciousness, severe drunkenness, mental impairment)
- is under pressure or threatened
- freezes out of shock or is silent
- is not an adult (under 16 in general, under 18 in particular). Remuneration)
In sex work, the agreed service is the framework - actions beyond this require renewed consent. Stealthing and assaults despite agreements remain punishable.