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CRIME

Revealed: the surprising extent of petty theft in Switzerland

While people in Switzerland have a reputation for being a law-abiding bunch, a new survey reveals a surprisingly high rate of petty theft in the country.

Revealed: the surprising extent of petty theft in Switzerland
One in eight adults in Switzerland say they have stolen from a supermarket. File photo: Depositphotos

Just under half (49 percent) of adults in Switzerland have deliberately not paid for something at least once in their lives, according to the survey by financial comparison website moneyland.ch. 

The finding is based on the results of a representative and anonymous online survey completed by 1,500 adults in German- and French-speaking Switzerland. 

The poll reveals that supermarkets are one of the main targets for petty theft. Around one in eight people (12 percent) said they had stolen from the supermarket giant Migros while 11 percent said they had done so from Migros' main competitor Coop. 

Read also: How 'stealing' a packet of grated cheese ended up costing one pensioner thousands of francs

Eight percent of survey respondents also said they had intentionally failed to pay for items while using self-service checkouts. But moneyland.ch director told Swiss daily Tages Anzeiger this figure was likely to be closer to 15 percent as not all survey respondents had actually used these increasingly popular checkouts. 

The survey also reveals that 13 percent of people have deliberately not paid hotel bills, while that figure is the same for restaurants. 

And it’s not just people on lower incomes who are responsible for these figures.

According to the survey, the percentage of people doing a runner at restaurants was highest (21 percent) in the group with assets of 300,000 to 500,000 Swiss francs. 

It's a similar story when it comes to people who have, on at least one occasion, used public transport after deciding not to buy a ticket. While the overall figure for all wealth groups was 34 percent, it was 39 percent for millionaires.

Meanwhile, just under 5 percent of all survey respondents said they 'often' travelled without a valid ticket.

The survey also found that men are more likely to have deliberately stolen or not paid for something than women (52 percent against 46 percent).  

Younger people are also more likely to offend (or to admit they have offended in an online survey). Only 31 percent of people aged 18–25 said they had never stolen while that figure was 49 percent among 26 to 49-year-olds and 60 percent for people aged from 50 to 75. 

But the differences between the French- and German-speaking parts of the country were minor in terms of the percentage of people who had never deliberately failed to pay for something (53 percent versus 50 percent).

CRIME

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.

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