Consent of victim
Victim consent can justify or exclude an offence only where the protected interest is disposable and the consent is informed, free and timely.
In Swiss criminal law, the injured person’s consent may prevent unlawfulness or, for some offences, mean that an element of the offence is absent. It is effective only for legal interests over which the person may dispose and only if given freely, seriously and with sufficient understanding before the act. Consent is generally ineffective for serious harm to non-disposable interests or where law protects public interests beyond the individual. Capacity, deception, coercion and withdrawal of consent are central issues.