A Dutch court has convicted a man for removing his condom during sex without his partner’s consent, marking a landmark change in how to deal with the act of “stealthing.”
“By his actions, the suspect forced the victim to tolerate having unprotected sex with him,” the court said. “In doing so, he restricted her personal freedom and abused the trust she had placed in him.”
The unnamed 28-year-old man sent the victim texts after they had sex, including one that insisted she would “be fine” after learning of the act, the AFP reported.
“Stealthing” has become a greater issue for courts as they tackle how to best handle cases that can expose a sexual partner to sexually transmitted diseases and unwanted pregnancy.
The judge found appropriate “agreement between the suspect and the complainant about the sexual penetration.”
The court sentenced the suspect, who is a Syrian-born resident of Rotterdam, to a three-month suspended prison sentence and a 1,000 euro ($1,073) fine for damages.
The case marks the first conviction in the Netherlands for such an offense. Another case involving a 26-year-old suspect saw the defendant acquitted after the court decided it could not determine if the man had intended to force his partner into unprotected sex.
“As soon as sex takes place, and it is not against someone else’s will, then there is no coercion,” said attorney Mirjam Levy, who represents one of the suspects. “If someone finds out afterward that the conditions have not been met, it does not mean that there is coercion.”
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