Man who secretly removed condom during sex becomes first to be convicted of ‘stealing’ in the Netherlands
- Khaldoun F received a three-month suspended prison sentence for the crime
- Law and precedent have emerged in Europe and North America in recent years.
A 28-year-old man has become the first to be convicted in the Netherlands for secretly removing a condom during sexual intercourse.
Khaldoun F., who has not been identified by full name, received a suspended prison sentence for the crime of robbery, but was acquitted of rape.
He pleaded guilty to coercion in Rotterdam court after removing his condom without warning, despite the woman he was with saying in say that she didn’t want to have sex without him.
The court warned that Khaldoun had “exposed her to contracting sexually transmitted diseases and an unwanted pregnancy.”
The Rotterdam Court ruled differently for a man who intentionally removed a condom before having sex and another who claimed he had “forgotten” to put it on
The Syrian-born suspect sent the victim text messages afterward, including one that read: “You’ll be fine.”
But the judges ruled that it was not rape because there was “an agreement between the suspect and the complainant about the sexual penetration,” and the coercion was only related to the failure to use a condom.
Dutch law does not cover penetration without a condom when consent has already been given for the penetration itself.
Khaldoun was sentenced to three months’ suspended prison terms and fined 1,000 euros (£883).
In a separate case, judges acquitted a 25-year-old man after finding that he had never removed a condom, but had instead put one on in the spur of the moment.
Ruben R. from Rotterdam said he voluntarily asked (his partner) for a condom but ‘forgot’ to put it on.
The court acquitted him, saying it could not be proven that he had deliberately not used a condom after saying he would.
The court was able to demonstrate intent in the first case from WhatsApp conversations between him and his partner.
Dutch law does not have a specific offense against “stealth”, but these were the first rulings on the practice, public broadcaster NOS said, adding that there have been similar rulings in countries including Germany, Switzerland and New Zealand.
The US state of California also made the practice illegal in 2021.
In England and Wales, case law has established that the unauthorized removal of a condom constitutes rape.