Condom

Man Convicted of Rape for Taking Off Condom During Sex

You’re at the bar alone. You see a guy across the room. You start exchanging looks. Next, you start exchanging names. After a few Vodka Sodas, you get him home. You’re not on PrEp so you ask him to put on a condom. Annoyed, he agrees. You start riding him. You decide to switch positions to doggy style. He goes back inside of you but this time it feels different. Next thing you know, he finishes inside you. You realize he had taken off the condom.

This particular situation may be fantasy. But in a recent landmark decision, a Swiss court has convicted a man of rape who took off his condom without his partner’s permission.

A 47-year-old man met his partner on Tindr and they began to have consensual sex with a condom. Afterwards, the women realized the condom was removed sometime during sex without her consent or approval.

Translated from French, news agency RTS reports:

A 47-year-old man was sentenced for rape to twelve months’ imprisonment suspended on Monday by the Criminal Court of Lausanne. During a sexual relationship in June 2015, he removed the condom without saying anything to his partner who had demanded protection.

“This decision, which can be the subject of an appeal, is a first in Switzerland,” said Tuesday to the ats Baptiste Viredaz, lawyer of the victim. He returned to a “20 minutes” information.

The two partners, a French and a Swiss, had met via the application Tinder. After a first evening where nothing happened, they met again at the complainant’s house. They started a relationship with a condom, but the Swiss only realized at the end of the report that her partner had removed her protection.

The Court considered that imposing an unprotected relationship when the use of that protection had been provided was tantamount to rape, the lawyer said. An issue that the Federal Court has so far left open.

While this couple is straight, this same situation could easily happen to anyone in the LGBTQ community as well. While some men are taking steps like being on PrEp to have condomless sex, others still rely on condoms for safe sex. When you’re the bottom, the control is more on the top to make sure the condom stays on and stays on right. But that doesn’t always happen.

What do you think? Has something similar happened to you?

Share your story or thoughts with us in the comments.