A 44-year-old Indian businessman has been convicted of raping a 15-year-old girl as she slept during a nine-hour flight from Mumbai to Zurich, in a case that marks one of the first applications of Switzerland’s reformed sexual consent laws.
The married man, who was travelling on business to Belgium, carried out the horrific attack on the teenager who was seated next to him during the March flight. He was immediately arrested upon landing at Zurich Airport and has been in custody since.
The Bülach District Court heard that after a brief, superficial conversation with the victim, the man waited until she fell asleep before beginning his assault. According to the indictment filed by the Zurich Public Prosecutor’s Office for Serious Violent Crime, he touched her repeatedly, put his arm around her, and performed sex acts on both her and himself.
As the flight continued, the girl repositioned herself and continued sleeping with her head and upper body under a blanket. The court was told that she went “into shock” due to the abusive behaviour and was unable to say or do anything, enduring the assault without saying a word or moving until the accused stopped of his own accord.
Confession and Conviction
The perpetrator confessed to the attack in court, stating that he realised he had made a mistake. He admitted that the young woman had not consented and acknowledged that he knew she was young, even though he didn’t know her exact age at the time of the assault.
The judge described the sentence as “barely appropriate” but rather lenient, given the severity of the crime. The man received a suspended sentence of one and a half years, which he will not need to serve as he has already been in custody since March.
In addition to the prison sentence, he has been banned from entering Switzerland for the next five years and is prohibited from engaging in any activity involving regular contact with minors for life. The proceedings will cost him approximately CHF 9,000 (£8,250), with a confiscated amount of CHF 1,360 (£1,247) being used to cover these costs.
Switzerland’s Reformed Rape Laws
The case is significant as it demonstrates the application of Switzerland’s new sexual criminal law, which came into effect on 1 July 2024. The reformed legislation adopts the principle of “no means no,” meaning rape is now considered to have occurred if the victim indicates through words, gestures, or by freezing that they do not consent to the sexual act.
Previously, under Swiss law that had remained unchanged for over 30 years, rape only occurred if the perpetrator threatened the victim or used violence. The old definition was restrictive, requiring forced vaginal penetration with evidence that the victim had shown resistance.
The new law recognises that victims may be unable to express refusal due to shock or fear, as was the case with the teenage victim on the flight. Her state of shock was deemed sufficient as a sign of rejection, allowing prosecutors to secure a conviction for rape and sexual acts with a child.
Broader Legal Changes
Switzerland’s updated sexual criminal law represents a significant shift in how the country addresses sexual violence. The crime of rape no longer encompasses only forced sexual intercourse with a woman but now includes any non-consensual penetration, whether oral, vaginal, or anal, regardless of the victim’s gender.
The reform was the result of years of campaigning by women’s rights organisations and came after heated parliamentary debate. The House of Representatives had initially favoured an “only yes means yes” approach, which would have required explicit consent for sexual acts. However, the Senate preferred the “no means no” model, which was ultimately adopted with the crucial addition of recognising victims’ states of shock.
Cyrielle Huguenot, a campaigner on women’s rights with Amnesty International’s Swiss section, described the revised criminal law as “a very important milestone compared to the outdated legislation, which defined the offence of rape very narrowly and regularly inflicted injustice on victims of sexual violence.
International Context
Switzerland’s legal reform brings it closer in line with other European countries that have updated their rape laws. Currently, 14 countries in the European Union have adopted various forms of consent-based definitions, with neighbours Germany and Austria also opting for the “no means no” approach.
The changes were partly driven by Switzerland’s obligations under the Istanbul Convention on violence against women, which took effect in the country in 2018. Statistics had shown the urgent need for reform, with a 2019 Amnesty International survey revealing that one in five Swiss women had been a victim of rape or sexual violence.
Immediate Deportation
Following the trial, the convicted man was released from custody and immediately handed over to the Migration Office for deportation. The swift legal proceedings and deportation reflect Switzerland’s serious approach to sexual crimes, particularly those involving minors.
The case serves as a stark warning about the vulnerability of passengers, particularly young people, during long-haul flights. While the indictment did not detail exactly how the man’s crimes were discovered, the immediate arrest upon landing suggests either the victim or other passengers alerted crew members during or after the flight.
Implications for Air Travel Safety
The conviction raises important questions about passenger safety on international flights, particularly for unaccompanied minors or young travellers. Airlines may need to consider additional safeguards to protect vulnerable passengers during long-haul flights where the cabin lights are dimmed and most passengers are sleeping.
The case also demonstrates the importance of international cooperation in prosecuting crimes that occur in international airspace, with Swiss authorities taking swift action despite the crime occurring on a flight originating from India.
As countries continue to strengthen their laws against sexual violence, this case shows how reformed legislation can provide justice for victims who may have been too traumatised to physically resist or verbally object to their attackers. The recognition of shock as a form of non-consent represents a crucial step forward in protecting victims and holding perpetrators accountable.
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