A 39-year-old German woman has been sentenced to six months in prison for poking holes in her lover’s condoms in hopes of getting pregnant.
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“We advanced legal history here today,” Judge Astrid Salewski said in court about the gesture, which was considered sexual assault in several countries.
The practice of “stealth” is called stealth in English means to remove the condom without the consent of the sexual partner.
The convicted woman had been in a Friends with Benefits relationship since 2021. She regularly saw her lover for sex.
However, the defendant began to develop deeper feelings for her partner, feelings not shared by her “friend,” who preferred a non-committal relationship.
Frustrated, she decided to pierce the man’s condoms without his consent.
She never got pregnant, but she sent him a WhatsApp message that she was. She also confessed to him that she pierced the contraceptives, reported German mainstream media.
Her lover complained to the police, who filed a complaint. She also confessed in court to puncturing the condoms.
Although the judges agreed that she had committed a crime, they were undecided as to what charges to bring against her due to a lack of historical precedent.
After considering a rape charge, the judges narrowed it down to a sexual assault charge after reviewing the related crimes stealth.
Judge Salewski noted that while the offense is generally committed by men, the “precept of the law applies in the reverse case as well.”
“The condoms were rendered unusable without the knowledge or consent of the man,” she said. “No means no, also here.”
The woman was given a six-month suspended sentence. She has to submit to a probationary period and conditions, otherwise she will go to prison.
In 2014, the Supreme Court of Canada ruled that piercing a condom without your partner’s knowledge is sexual assault.
In that case, four judges concluded that the perpetrator’s sexual partner had consented to the sexual act, but that the deception he committed had altered that consent.
In California, the practice of removing the condom without the partner’s knowledge during consensual sex was officially outlawed in early October 2021.