[Sexual assault, consent and freezing behavior]

The revision of the Swiss criminal law on sexual offences recognizes the victim's consent as a major factor. Freezing behavior is one of the expressions of refusal, and the perpetrator will be condemned for rape if he or she takes advantage of this survival mechanism, which is associated with a hyperactivity of the basolateral amygdala and inhibition of the hippocampus and frontal cortex. The article illustrates the complexity of assessing consent by means of a fictitious case, in which the alleged victim defends her right to be considered credible when she testifies, and the alleged offender defends his right to be considered innocent when he is accused. The case illustrates the strength of the subjectivity of their respective narratives and the importance of rigorous use of medical definitions.