Thanks to a landmark decision in Switzerland, taking the condom off without telling your partner could get you a rape charge now.
Taking the condom off during sex without telling, or “going stealth” as perpetrators often brag, is considered rape now.
The Independent reports:
A man has been convicted of rape after taking off a condom during sex without his sexual partner knowing.The landmark decision by the Criminal Court in Lausanne, Switzerland, determined that having sex without a condom constituted rape if the use of one was expected.
The 47-year-old was given a 12-month suspended sentence on Monday…
The unnamed man, from France, met a Swiss woman on dating app Tinder.
On their second date in June 2015 they started having sex with a condom, but the woman only realized it had been removed after it was over.
While the woman did agree to have sex with the man, courts ruled that she would’ve changed her mind if she knew he wasn’t using a condom. Thus, consent was thrown out of the window and the man was charged with rape.
Thanks to efforts from anti-sexual violence activists, the slippery slope of “consent” has become clearer. Courts must now consider what is called “conditional consent” for cases like these where sex may have initially been agreed to, but conditions during the act changed. Cases where someone is accused of tampering with condoms before sex also fall under this jurisdiction. Broadly does a good job at explaining the particulars that could lead to a conviction here.
The bottom is, if you don’t want to be charged with rape, don’t rape. Or, don’t start trying funny stuff during sex.