How ‘stealing’ a packet of grated cheese ended up costing a Swiss pensioner thousands of francs

In 2016, a Swiss pensioner was stopped by a security guard at a Denner supermarket in the city of Aarau after buying items worth 120 francs.

How 'stealing' a packet of grated cheese ended up costing a Swiss pensioner thousands of francs
File photo: Depositphotos

The guard pulled the elderly man aside and went through his bag. Inside, he found a 1.95-franc packet of grated cheese lodged between the very bottom of the bag itself and its cardboard lining.

The packet of cheese, which was squashed flat, did not feature on the man’s shopping receipt.

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The shopper was subsequently fined 150 Swiss francs for shoplifting and made to fill in a couple of forms. He was also banned from entering any Denner store in Switzerland for two years.

In a report on the incident, the security guard spoke of the man’s bag as having a false bottom, specifically for the purpose of theft.

The former government worker, now 85, says he had no idea how the cheese came to be in his bag on that day, but believes it may have gone unnoticed after an earlier trip.

The story should have ended there. However, the shopper allegedly broke the ban on entering Denner stores (the firm is owned by supermarket giant Migros) two months later, according to a detailed report of the case in Swiss regional daily the Aarguer Zeitung.

In the second incident, the pensioner was at another shopping mall in Aarau when he paused briefly to look at the fruit and vegetable section outside the front of the Denner store there. However, he did not enter the shop as he knew he was barred from doing so.

But as the man walked on, he spotted the same security guard who had found him guilty of shoplifting two months earlier.

Three months after this second incident, the shopper received a legal complaint from state prosecutors and filed by a representative of the security company hired by Denner alleging he had unlawfully entered the premises of its store by stepping off the beige flooring of the shopping mall and onto the grey flooring belonging to the supermarket.

He was hit with a 500-franc fine, which would only have to be paid if he re-offended, but was also forced to pay costs of 1,000 francs, according to the Blick newspaper.

The man appealed to the district court and saw charges and costs dropped, with the court ruling that video evidence was inconclusive and that the security staff who had lodged the complaint did not have the authority to do so.

But cantonal prosecutors in Aargau disagreed and the case was tried again in a higher court. In November 2017, the pensioner was again found guilty. The fine of 500 francs was reduced to 150 francs but the man ended up paying charges and costs of 2,500 francs.

The shopper told the Aarguer Zeitung he had spent around 10,000 francs on the case to date but did not have heart to take it any further.

On Thursday, Denner told the Blick newspaper the security firm in question was no longer used by the firm.

A spokesperson for the company owned by Migros apologised and said the firm would be in touch with the shopper and pay all costs.

“It is difficult to understand what took place two years ago,” the spokesperson said.

In a Facebook post, Denner said it was investigating the incident and noted the firm had not been a party in the legal case.


OPINION: Switzerland’s rape laws are not fit for purpose and reforms are long overdue

As they stand Switzerland's rape laws are more useful to perpetrators of sex assaults than to the victims, writes Clare O'Dea as she explains why new reforms are long overdue.

OPINION: Switzerland's rape laws are not fit for purpose and reforms are long overdue

It is widely accepted that Switzerland’s current rape law, last revised thirty years ago, is not fit for purpose. Partly in response to international obligations, the Swiss political system is finally addressing the problem and concrete progress is inching closer.

The failings in the current legal model include a too-narrow definition of what sexual act constitutes rape, the exclusion of male victims of rape, the requirement to prove violence or coercion, and the soft sanctions against convicted rapists.

Taken together, these weaknesses make Swiss rape legislation as it now stands a lot more useful to perpetrators of rape than it is to victims.

There were 757 rapes reported in Switzerland last year, and only 77 rapists convicted, some of whom did not receive custodial sentences. The overall number of reported sex offences in 2021 was 6,909. 

But extensive change is coming in all four problem areas, partly thanks to the Istanbul Convention on violence against women. A revision of the Swiss law, compliant with the Convention, is working its way through parliament. The Council of States has just supported the reform positions of the Federal Council, and the National Council is expected to go at least as far when it takes up the debate later this year.

The definition of rape is set to be expanded to include any kind of penetration against the will of the person, not just vaginal penetration by a penis. This means more sexual acts can be prosecuted as rape. Combined with the use of the gender-neutral word ‘person’, it also means that males will be recognised as victims of rape for the first time under Swiss law.

The Council of States also voted to introduce a minimum two-year prison sentence for convicted rapists. This is important because sentences under two years are automatically suspended in Switzerland, which has meant some rapists walk away without serving any time behind bars.

It is hard to imagine the anguish of victims seeing their abusers get off so lightly, without any prison time or even being named and shamed in their community. In ordinary circumstances, the names of convicted criminals are not made public in Switzerland.

These changes, if accepted by the larger parliamentary chamber, will represent a major step forward for victim’s rights, and bring Switzerland into line with most other European countries on rape law.

The final unresolved issue is how to proceed when the use of force is no longer part of the legal definition of rape. We know it is possible to do something to someone against their will without using force. There are many reasons victims may not resist, including the phenomenon of freezing in shock.

There is a growing international movement to reconceptualise rape and other sexual offences as violations of the victim’s sexual autonomy. More and more European countries – 13 and counting – are moving away from the violence-based definition of rape to a broader definition of rape being sex without consent.

Right now in Switzerland, the camps are split into those who advocate for the explicit expression of consent – ‘Only Yes Means Yes’ – as the best legal formula to establish rape, and those who say it’s the refusal of consent that must be expressed – ‘No Means No’. The Council of States opted for No Means No.

Unfortunately, all of this may be academic in a court setting where there is no record of such statements on the part of the alleged victim either way.  The use of force, threats or psychological pressure, is already hard to prove. So what’s the point of the change?

What it will hopefully do is reinforce the message that it is imperative to listen to the person you are about to have sex with and that what they want matters. Even if you don’t care what they want at that moment, the law does.

It tells potential victims that their wishes matter, that consent is not something to be brushed aside to satisfy one person’s demands. It is good to have this spelled out in law. Remember that marital rape, for example, only entered the Swiss criminal code in 1991.

When it comes to giving consent, I don’t think it matters which model you use – say yes or say no – putting consent at the top of the agenda between sexual partners will help make a cultural difference. But a lot more needs to happen outside the legal arena to make this a safer country for women and girls in particular.

Sadly, the unreported incidence of sexual assault and rape is high. Amnesty International commissioned a survey of women in Switzerland in 2019 in which 12% of respondents said they had had non-consensual sexual intercourse. More than one in five (22%) had been subject to unwanted sexual acts in their lives. Only 8% of these victims notified the police.

Could we produce a new generation of women who feel secure enough to say ‘I don’t want this’ and a new generation of men who would listen to them and respect their wishes? We are not there yet, especially not with the ubiquity of porn culture that has become markedly more violent towards women.

There are still some hard questions to be asked about why rape happens. Why is it that a subset of men will disregard the dignity, comfort or safety of another person for their own sexual gratification? How are we as a society contributing to this sense of entitlement?

Ultimately, weeding out rape culture will achieve a lot more than the courts can, even with this better law.