A Dutch court has convicted a man of taking off a condom during sex without his partner’s consent, marking a sea change in the way of dealing with the act of ‘theft’.
“By his actions, the suspect forced the victim to tolerate having unprotected sex with him,” the court said. “In doing so, you restricted her personal freedom and abused the trust she had placed in him.”
The unnamed 28-year-old man sent the victim messages after they had sex, including one insisting she would “be fine” upon learning of the act, AFP reported.
“Stealthing” has become a bigger problem for courts as they grapple with how best to handle cases that can expose a sexual partner to STDs and unwanted pregnancies.
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The District Court of Rotterdam, located in the Dordrecht district, where a 28-year-old man was convicted of “stealing” his partner during sexual intercourse. (Google Maps)
However, the Dutch District Court of Dordrecht acquitted the man of the rape charge, because the court ruled that the sex was consensual.
The judge deemed “agreement between the suspect and the plaintiff on sexual penetration” appropriate.
The court sentenced the suspect, who was born in Syria and lives in Rotterdam, to a three-month suspended prison sentence and a fine of 1,000 euros ($1,073) in damages.
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A Dutch court has sentenced a man for taking off a condom during sex without his partner’s consent. (Stock)
The case marks the first conviction in the Netherlands for such an offence. Another case involving a 26-year-old suspect saw the accused acquitted after the court ruled it could not determine whether the man intended to force his partner into unprotected sex.
“As soon as sex takes place, and it’s not against someone else’s will, then there is no coercion,” said lawyer Mirjam Levy, who is representing one of the suspects. “If someone later discovers that the conditions weren’t met, that doesn’t mean there is coercion.”
Cases of “stealthing” have increased in recent years, leading to the creation of a Dutch website, Stealthing.nl, run by a 2017 “stealthing” victim, according to NL Times.
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New Massachusetts state auditor Diana DiZoglio sponsored a bill, when she was a state senator, to outlaw “theft.” The practice of non-consensual condom removal is common, but most state laws do not mention it. (Jessica Rinaldi/The Boston Globe via Getty Images/File)
The website operator told the NL Times that “people have already been convicted of rape in secret”, but that the Netherlands has been less familiar with the act.
Tracking such cases can prove difficult as authorities generally classify them on rape charges.
In the United States, California has banned “stealthing”, which requires verbal consent before removing a condom. But the state has yet to update its Criminal Code, relying instead on a change to the Civil Code so that victims can sue the offender for damages.
Massachusetts State Auditor Diana DiZoglio backed a bill in 2021, when she was a state senator, to ban the act in her state, telling the Boston Globe it is “an important issue that needs attention from part of our lawmakers so we can take sides with survivors.”
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A police officer was convicted of sexual assault in a 2018 case in Germany and received an eight-month suspended sentence for “stealth” and was ordered to pay 3,100 euros ($3,329) in damages.
The Associated Press contributed to this report.
