Oui, c'est oui. Le consentement à l'épreuve de la justice

Abstract

This book makes a contribution to the ongoing debate surrounding the revision of Swiss sexual criminal law by presenting research into the criminal treatment of sexual violence in Geneva. By elucidating the prevailing modes of investigation and judgement, and the gendered representations that shape the administration of justice in this jurisdiction and elsewhere, the book makes a case for a revision of the penal code that situates consent at the core of its definition, albeit with certain limitations. Modifying the legal definition does not, in and of itself, constitute a comprehensive solution. This book presents the issues that will continue to influence the manner in which the criminal justice system addresses sexual violence. While placing consent at the core of the social imperative to advance equality is a crucial step, other changes are equally vital, including the role afforded to victims in proceedings and the training of legal professionals to enhance their comprehension of sexual violence.