How does sexual majority work?

How does sexual majority work?

My daughter, who is just 15, fell in love with a 17-year-old during the holidays and the two of them decided to start seeing each other regularly. I'm obviously worried about the possible consequences of their attraction, from every point of view... But for a start, isn't it illegal to have sexual relations with a minor under the age of 16? Thanks for shedding some light on the sleepless nights ahead!

P., Sion

In Switzerland, the age of sexual consent is 16. The aim of the legislator in introducing this age limit is to protect young people and enable them, depending on their degree of maturity, to give informed consent to a sexual act, without being subjected to pressure or coercion.

The Criminal Code (CC) stipulates that anyone who commits a sexual act on a child under the age of 16, or induces or involves the child in such an act, will be punished by a custodial sentence of up to five years or a fine (art. 187 para. 1 CC).

That said, the legislator has also thought about young people who may be a little more precocious in discovering their sexuality, by adding to this provision a rule whereby the act is not punishable if the difference in age between the participants in such a frolic does not exceed three years (art. 187 al. 2 CP). In such a case, sexual intercourse is legal even if it involves a partner under the age of 16. In other words, if your 15-year-old daughter were to venture into a sexual relationship with her 17-year-old boyfriend, he would not be subject to criminal prosecution, provided, of course, that the relationship was consensual.

This 'protection of young love' is further complemented by the option given to the criminal authorities of waiving prosecution if, at the time of the act, the older partner was under 20. That said, this is a possibility to be assessed on a case-by-case basis and not an obligation for the magistrate hearing such a case.

Furthermore, it should be noted that if the perpetrator of an offence under art. 187 of the Criminal Code mistakenly believed that the victim was at least 16 years old, when with the appropriate precautions he could have realised that this was not the case, the sentence imposed may be slightly less severe.

It should therefore be noted that the circumstances in which the sexual relationship took place are very important. In this context, it should also be noted that the law also protects older minors - aged 16 to 18 - against adults who take advantage of a relationship of work, trust, education or dependence to encourage them to engage in sexual acts. This would be the case, for example, between a teacher and his pupil or between a boss and her apprentice. Adults who abuse such situations are liable to be severely punished.