First conviction for stealthy condom removal in the Netherlands

First conviction for stealth condom removal in the Netherlands

UPGRADE DAY

A Dutch court on Tuesday sentenced a man to a suspended prison sentence for the non-consensual removal of a condom during sex, the first conviction for “stealthing” in the Netherlands, while considering that it was not rape.

The 28-year-old suspect had pleaded guilty to coercion in court in Rotterdam after secretly removing the contraceptive despite his partner having declared in advance that she did not want to have sex without it.

“This action is also called 'stealthing,' the court said in a statement. In this way, he exposed her to contracting sexually transmitted diseases and unwanted pregnancy,” he added.

Jail and a fine

The man of Syrian origin then sent text messages to the victim, including one in which he said that “everything will be fine”.

The judges ruled that there was no rape , as there was “an agreement between the suspect and the complainant about sexual penetration” and the coercion only involved failure to use a condom.

The man was convicted a three-month suspended prison sentence and a fine of 1,000 euros.

In a separate case, the judges of the same court on Tuesday cleared a 25-year-old man after finding that he did not have to at no time removed a condom, but that he had not put one on in the 'heat of the moment'.

Dutch law does not say anything against 'stealthing' and this was there are first rulings in the Netherlands on the practice, public broadcaster NOS reported, adding that there have been similar rulings in other countries, including Germany, Switzerland and New Zealand.

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In 2021, the Ca lifornia became the first US state to ban it.