What are the most important articles in the Criminal Code concerning sex work?

You can find the most important articles from the Swiss Criminal Code here. The Swiss Criminal Code applies throughout Switzerland.

The law is written in German, French, Italian, and English.

Art. 189 Sexual abuse and indecent assault

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.

Art. 190 Rape

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.

Art. 193 Exploitation of a person in a position of need or dependency

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.

Art. 195 Encouraging prostitution

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.

Art. 196 Sexual acts with minors against payment

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.

Art. 199 Unauthorised practice of prostitution

Any person who violates the cantonal regulations on the permitted locations or times at which prostitution may be practised or the manner in which it may be practised, or on the prevention of related public nuisance shall be liable to a fine.

Art. 182  Trafficking in human beings

1 Any person who as a supplier, intermediary or customer engages in the trafficking of a human being for the purpose of sexual exploitation, exploitation of their labour or for the purpose of removing an organ shall be liable to a custodial sentence or to a monetary penalty. The soliciting of a person for these purposes is equivalent to trafficking.

2 If the victim is a minor or if the offender acts for commercial gain, the penalty is a custodial sentence of not less than one year.

3 …

4 Any person who commits the act abroad is also guilty of an offence. Articles 5 and 6 apply.