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Man Found Guilty Of Rape After Removing Condom During Sex Without Consent From Partner

The reasoning: If the woman had known the man wasn’t going to use protection, she wouldn’t have consented to having sex with him at all.

A French man has been found guilty of rape after removing a condom during sex without his partner’s permission. In a landmark decision, the Federal Supreme Court in Lausanne, Switzerland ruled that the man’s actions violated the country’s established laws on consent. This case set an important precedent: Having sex after tampering with or removing a condom without a partner’s explicit permission constitutes rape in Switzerland.

The survivor, a Swiss woman, met the 47-year-old French man on Tinder. They went on their second date in June 2015 and decided to have sex. They began having consensual sex with a condom, but he removed the condom at some point without his partner’s knowledge or approval. The woman’s lawyer argued that imposing unprotected sex on a partner who is unaware and hasn’t agreed to it should qualify as rape. The reasoning: If the woman had known the man wasn’t going to use protection, she wouldn’t have consented to having sex with him at all. The Switzerland court honored this rationale and gave the man a 12-month suspended sentence.

Switzerland isn’t the only place that recognizes this as a clear sexual offense. In its 2003 Sexual Offences Act, the United Kingdom states that having sexual intercourse without a condom in circumstances where one partner has made clear that they will only consent if a condom is used would amount to an offense. This is based on the concept of “conditional consent”—that just because a person has consented under one scenario doesn’t mean they have consented under all scenarios.

Although this case isn’t a United States Supreme Court case, the conversation surrounding conditional consent could be beneficial for U.S. lawmakers. Education about consent is critical. Hopefully, this case will serve as an example for the global community to expand the scope of what constitutes violence against women, especially when it comes to consent.
Source: Self Mag

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