Analysis provided by: Soraya Pascoe, Legal Expert on Gender.

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Violence against women in Switzerland, according to the national surveys is on the increase. Indeed in the most recent data collated by the Swiss Organisation, Women's Shelter, there was a 20 per cent increase in the number of women seeking refuge from 2001 to 2002.

The 28^thSession of CEDAW on the compliance of Switzerland, was particularly critical of the level of violence suffered by women (one fifth of respondents in a 1997 survey complained of domestic violence, 40 per cent of whom complained of psychological violence and 6 per cent of physical or sexual violence within the preceding twelve months of the survey. It was also critical of the inadequacies of Swiss legislative measures. particularly in the prevention of domestic violence and the penalties imposed as well as in the rehabilitation of offenders.

Switzerland has, however through governmental and non-governmental initiatives, established centres to assist victims of sexual and domestic violence in all the cantons while there are refuges in most.

It also noted that foreign women were more vulnerable to domestic violence owing to the fact that their right to reside in Switzerland is dependent on their marriage and they must remain married for 5 years or in what are arguably exceptional circumstances, 3 years.

The current legal measures to address violence against women are contained within the Criminal Code and the Equality Act of 1995.

Article 189 of the Criminal Code provides for a custodial sentence of 10 years plus for sexual coercion whether by menace or violence. Cruelty or the use of arms or dangerous objects further, obtains a sentence of up to three years. If the complainant is the wife of the abuser then there is a limitation of 6 months upon any legal action.

Article 190 provides the same terms as for sexual coercion, except it specifies the crime of rape. There is therefore no legal distinction in sentencing. Once again if the complainant is the wife of the offender, the limitation is 6 months.

Article 196 deals with prostitution which itself is punishable by up to six months in prison. The person gaining from the trade in prostitution is liable for a sentence of more than 5 years. In each case, fines are an alternative penalty.

Sexual offences, which are considered to be of a lesser nature such as crude or lewd speech and sexual touching, are governed by Article 198 and punishable by arrest and fines.

There is no specific provision in law to protect victims of domestic violence or to make domestic violence itself an offence. The complainant can only seek action against the offender on a charge of assault. However, changes in the law are anticipated shortly, giving police greater powers to intervene without the victim having to make a complaint herself.

Article 124 of the Constitution also legislates for the federal state and the cantons to grant assistance by way of an award in damages to victims of physical, psychological and/or sexual violence.

The Assistance to Victims of Offences Act known as LAVI, in force from 1992, provides for assistance, advice, victim protection as well as payment of compensation and moral damages.

It also prohibits the confrontation between the Defendant and a female minor victim.

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