A German police officer has been found guilty after he removed his condom during sex with his girlfriend when she explicitly told him she didn’t want to have sex without one. This act, referred to as “stealthing” is the first sexual assault case of its kind for the country.
Over a year ago, the victim and the defendant had sex at the man’s apartment.
While the girlfriend had only given consent for protected sex, she realized what he had done only after he ejaculated inside of her.
This is a horrifying situation to be put in.
Take note America.
But also, yo Germany, "stealthing" has another name. Rape. https://t.co/nECaBsCGMU
— Lauren Schacher (@LaurenSchacher) December 20, 2018
"Sex by definition is consensual. When it’s not, it’s rape. When you say yes to having sex with a condom and then someone takes that condom off while you’re having sex, you didn’t consent. Acts like stealthing are also rape." – @drtlaleng
— Shailja Patel (@shailjapatel) December 13, 2018
The defendant tried to argue that the condom had ripped and so he removed it completely. He also tried to claim he did not ejaculate inside the victim, which the victim denies.
While he was charged with rape, the court only convicted him of sexual assault.
Had the rape charge gone through, the defendant would have had a minimum two years in prison. Instead he only receives an eight month suspended jail sentence and fined a little over $3000 in damages.
This will hopefully be the start of changes in the justice system for victims of sexual assault and rape.
#Stealth #meToo Condoms are also used to avoid contracting STD's! It's a womans right to decide if she wants to potentially expose herself to her partner's prior sexual activities.
Policeman found guilty of condom 'stealthing' in landmark trial https://t.co/t9vWv1Lrt2
— JB chants (@jbchanteuse30) December 20, 2018
Fucking good. ????????????????????????????
Man sentenced in Germany's first-ever 'stealthing' trial – CNN https://t.co/8l3LD9C4hN
— Emma Katherine (@EmmaKat26495920) December 20, 2018
Be careful with that stealthing shit(take the condom off lol) https://t.co/mUxUWGBGRB
— ASHAUN DINGLE (@ajdroadwarrior) December 20, 2018
Good! Lets hope more places do! https://t.co/Plcr372LOk
— Brittany M. W. LeBlanc (@BMW42088) December 20, 2018
YOU MUST HAVE CONSENT: German policeman found guilty of sexual assault for removing a condom during sexual intercourse without the consent of his partner. https://t.co/ma8hnV6hdp
— GriffinLawDallas (@DFWGriffinLaw) December 20, 2018
At least some are starting to make laws that protect women. Great first step to hold Men accountable for forced unprotected sex. https://t.co/5tynq7GTWu
— Cindi (@Cindispy00) December 20, 2018
The fact this trial happened at all is still progress, however.
Germany had only changed their sexual crime laws in 2016, as previous legislation required victims to prove they physically resisted attacks to file rape and sexual assault charges. Instances where consent is circumvented or revoked do not often have these kinds of interactions.
Some men have a problematic take on this issue.
If you think someone may have an STD, how about not having sex with them for starters.
— R.Yoxheimer (@yoxheimer4) December 20, 2018
When women get arrested for getting pregnant whilst ‘ on’ the pill, I’ll start giving a shit about this.
— andrew foley (@andrewfoley13) December 20, 2018
A very thin line to draw a conclusion on why and when a condom was or is removed . Just abstain and problem solved
— Abdullatif Manjothi (@amamanjothi) December 14, 2018
“Stealthing” is an act that’s rarely prosecuted across the globe.
Since sex requires mutual consent, not just on the act, but on the terms, stealthing is often equated to rape. In recent years, more talk in legal circles has emerged about how to classify different types of sexual assault.
Seeing as stealthing can often be undetected until a victim is pregnant or shows symptoms of an STD, legislation on it is imperative.
The defendant in this case stated his intent to appeal the verdict to a higher court in Berlin. While the final outcome of this trial is unknown at this time, it is testing the strengths and deficiencies of this new law.