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2024

Swiss lawyer on challenges in credibility assessment in rape cases

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Rape is a profoundly traumatic experience, and seeking justice often requires victims to reopen psychological wounds in court. Recently, the Federal Court in Lausanne ruled that the short duration of an assault cannot be considered a mitigating factor in rape cases. This has sparked a broader discussion on sentencing practices for such crimes. A public prosecutor tells Swiss newspaper, the Neue Zürcher Zeitung (NZZ) that courts often impose sentences of just a few years, falling far short of the 10-year maximum under the Criminal Code. Swiss public radio, RSI, discussed these issues with Demetra Giovanettina, a lawyer at Marcellini - Galliani, who has experience representing survivors of sexual abuse in court. RSI: In your experience, are the penalties imposed too light? Demetra Giovanettina: Punishment is certainly an important element. However, each victim has different expectations, and I find that those driven solely by a desire for revenge are rare. In fact, I don’t believe ...