When suicide blackmail undermines psychological integrity
Introduction
Psychological violence, particularly in the context of domestic relationships, can have serious consequences for the mental health and safety of victims. Federal Supreme Court ruling ATF 150 II 465 of 3 June 2024 reiterates that repeated threats, including threats of suicide, constitute an attack on psychological integrity and entitle victims to immediate assistance, even in the absence of criminal proceedings.
Summary of the facts
In this case, a woman faced repeated suicide threats from her partner after expressing her desire to separate. These threats had a significant psychological impact on her and created a dangerous situation for her and her children, prompting her to seek emergency accommodation.
The competent cantonal authority initially rejected her request, considering that the legal conditions for receiving immediate assistance under the LAVI were not met.
The case was brought before the Federal Court, which recognised that the repeated threats constituted a form of psychological violence, justifying the provision of emergency accommodation and immediate assistance to victims.
Decision of the Federal Court
The Federal Court has confirmed that repeated threats of suicide constitute an attack on psychological integrity and justify the granting of immediate assistance under the Victims Support Act (LAVI), even if no criminal proceedings are underway.
The ruling emphasises that victims are entitled to have the costs of emergency accommodation covered in order to protect their safety and that of their children.
Victim status and LAVI (Victims’ Rights Act)
According to Art. 1 para. 1 LAVI, any person who has suffered direct harm to their physical, psychological or sexual integrity as a result of a criminal offence is entitled to the support provided for by law.
The evidence requirements vary depending on the type and timing of the assistance requested:
- For immediate assistance, it is sufficient that the offence is plausible on the basis of objective evidence.
- In cases of coercion (Art. 181 of the Swiss Criminal Code), the harm to psychological integrity must be of a certain intensity; minor harm is not sufficient.
The decisive factor is that the harm gives rise to a legitimate need to resort to the assistance and protection rights provided for in the LAVI.
In this case, the lower court had found that the wife had suffered psychological harm, but that this was not sufficient to recognise her status as a victim, due to a lack of objective evidence or subjective plausibility.
Practical implications for victims
- Legal recognition of psychological violence.
- Access to immediate assistance even in the absence of criminal proceedings.
- Possibility of benefiting from security measures, in particular temporary secure accommodation.
Practical advice for victims
- Document all evidence: messages, emails, screenshots.
- Contact the relevant authorities: file a complaint with the police or the cantonal public prosecutor’s office.
- Seek immediate assistance and protective measures: counselling centres, protection orders, emergency accommodation.
- Consult a specialist solicitor: to safeguard your rights and receive support with all legal proceedings.
For authors
- Any form of psychological violence or repeated threats may result in criminal and civil penalties.
- Ignoring the seriousness of the acts or failing to cooperate with the authorities may aggravate the situation.
- It is strongly recommended that you consult a specialist solicitor as soon as the first incident occurs.
Reference:
ATF 150 II 465 of 3 June 2024