Consent refers to the active, voluntary, and revocable agreement of all parties involved in a sexual act. The concept was explicitly incorporated into Swiss sexual criminal law for the first time with the 2024 revision.
Consent is deemed not to have been given if the person:
- is unable to consent (asleep, unconscious, severely intoxicated, mentally impaired)
- is under pressure or threat
- is frozen in fear (“freezing”) or remains silent
- is a minor (under 16 in general, under 18 if payment is involved)
In sex work, the agreed-upon service sets the boundaries—any actions beyond that require renewed consent. Stealthing and assaults despite an agreement remain criminal offenses.